Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 16 - CHILD CARE CENTERS
Chapter 13A.16.08 - Child Supervision
Section 13A.16.08.03 - Group Size and Staffing

Universal Citation: MD Code Reg 13A.16.08.03

Current through Register Vol. 51, No. 19, September 20, 2024

A. Assignment of Staff. One or more 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- E of this regulation.

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.

C. Same-Age Groups.

(1) In a group of children in which 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 or 2 infants in the group

1 to 3

9

Infants and toddlers, with 3 or more infants in the group

1 to 3

6

(2) In a group of children of the same age who are 2 years old or older, 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

20

5 years old and older

1 to 15

30

D. Mixed-Age Groups.

(1) In a mixed-age group with infants or toddlers, the following minimum staffing levels apply:

Group Composition

Maximum Group Size

Minimum Staffing Level

Group includes 1 or 2 infants

9

2 staff members

Group includes 3 or more infants

6

2 staff members

Group includes 1 or 2 toddlers

12

2 staff members

Group includes 3 toddlers

9

2 staff members

Group includes 4 or more toddlers

9

3 staff members

Group includes no infants, 1 or 2 toddlers, and 6 or more 2 year olds

12

3 staff members

(2) In a mixed-age group with preschool children:
(a) The group size may not exceed 20 children;

(b) If the group contains preschool children 3 years old or older, the staff-to-child ratio is 1 to 10;

(c) If the group size is 13 to 20 children, the group may not contain more than six 2-year-olds; and

(d) If the group contains children who are 2 years old and the group size varies, 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

(3) School-Age Groups. In a group where 3-year-old and 4-year-old children, enrolled in a public or nonpublic school, are mixed with school-age children, the following minimum staffing levels and maximum group size requirements apply:

Group Composition

Maximum Group Size

Minimum Staffing Level

Group includes up to five children 3 or 4 years old

30

1 school-age teacher and 1 assistant or aide

Group includes 6 to 9 children 3 or 4 years old

30

1 school-age teacher and 2 assistants or 1 school age teacher, 1 assistant and 1 aide

Group includes 6 to 9 children 3 or 4 years old

25

1 school-age teacher and 1 assistant or aide

Group includes 10 or more children 3 or 4 years old

20

1 preschool teacher and 1 assistant or aide

E. Group Size and Staffing in Approved Educational Programs.

(1) During a school day approved by the Department, a teacher shall be assigned to each class and 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 12 24
5 years old or older 1 to 15 30

(2) A nursery school may not exceed a staff/child ratio or group size requirement set forth at §E(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) 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.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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