Maryland § 9.5-1103 - IN EFFECT

§ 9.5-1103. IN EFFECT

    IN EFFECT

    // EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 779 OF 2023 //

    (a)    (1)    On or before August 31, 2023, the Department shall begin to promulgate regulations necessary to comply with § 9.5–1102(a) and (b) of this subtitle.

        (2)    The Pilot Program shall begin on or before August 31, 2024, and shall continue for 4 school years.

        (3)    Except as provided in paragraph (4) of this subsection, the Department shall select between 5 and 10 outdoor, nature–based early learning and child care programs to participate in the Pilot Program during the first year of the Pilot Program.

        (4)    If the Department receives fewer than 5 applications that meet the rules and regulations for licensure and operation of outdoor, nature–based early learning and child care programs under subsection (c) of this section, the Department shall select for approval all applicants that qualify.

    (b)    When selecting and approving outdoor, nature–based early learning and child care programs to participate in the Pilot Program, the Department:

        (1)    Shall give priority to:

            (i)    Existing outdoor, nature–based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and

            (ii)    Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into nature–based early learning;

        (2)    Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and

        (3)    May give priority to:

            (i)    Areas where there are few or limited licensed early child care programs; and

            (ii)    Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.

    (c)    (1)    The Department shall adopt rules and regulations for the licensure and operation of outdoor, nature–based early learning and child care programs.

        (2)    The regulations shall include provisions for:

            (i)    Bathroom use and diaper changing;

            (ii)    Hand washing;

            (iii)    Sheltering during inclement weather;

            (iv)    Correct child–to–staff ratios for the outdoor setting;

            (v)    The safe storage of and ready access to medication;

            (vi)    Accommodations for children with disabilities;

            (vii)    The safe storage and preparation of food;

            (viii)    Establishing safe boundaries in unenclosed outdoor spaces and boundaries around hazards;

            (ix)    Proper outdoor clothing for children;

            (x)    Access to potable drinking water; and

            (xi)    Appropriate sleeping areas for naps.

        (3)    In adopting rules and regulations under this subsection, the Department may adapt existing child care licensing requirements to allow for the operation of the Pilot Program.

        (4)    In adopting rules and regulations under this subsection, the Department shall consult with stakeholders that have expertise in providing outdoor, nature–based early learning and child care, including representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools.