reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 6 - Hearing Aid and Language and Communication Video Loan Bank Program › Section 8-605 - Regulations

The State Board shall adopt regulations to implement the provisions of this subtitle, including regulations that:
(1)    For the purpose of implementing § 8–604(a) of this subtitle, identify the types of documents that the Program may require a parent or legal guardian to submit to prove that an individual is an eligible individual who has no immediate access to a hearing aid; and
(2)    For the purpose of implementing § 8–604(b)(2) of this subtitle, establish factors that the Program shall consider when evaluating whether a parent or legal guardian:
(i)    Has the financial means to obtain immediate access to another hearing aid; or
(ii)    Is making reasonable efforts to obtain immediate access to another hearing aid.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 6 - Hearing Aid and Language and Communication Video Loan Bank Program › Section 8-606 - Annual Reports

(a)    Beginning in 2011, no later than December 31 each year, the State Superintendent shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the implementation of this subtitle.
(b)    The annual report shall include the following information:
(1)    The number and ages of individuals who received hearing aids through the Program that year;
(2)    The number of individuals who received hearing aids through the Program that year and subsequently received hearing aids through Medicaid, the Maryland Children’s Health Program, or private insurance;
(3)    The length of each original loan of a hearing aid;
(4)    The number of times that each original loan of a hearing aid was extended and the length of each extension;
(5)    The number of times that hearing aids were not properly returned to the Loan Bank; and
(6)    Any other information that the State Superintendent believes is relevant to evaluating the costs and benefits of the Program.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “At-risk youth” means an individual who meets at least two of the eligibility criteria determined by the Department and an operator that may include:
(1)    Being eligible for free or reduced price meals;
(2)    A record of suspensions, office referrals, or chronic truancy;
(3)    A failure to achieve a proficient or advanced level on State assessments in reading or mathematics, or both;
(4)    Having a disability;
(5)    A referral from a teacher, counselor, social worker, or community-based service organization;
(6)    The head of household is a single parent;
(7)    The head of household is not a custodial parent;
(8)    The adjusted gross family income is below the federally established poverty guidelines;
(9)    The family receives temporary cash assistance under the State Family Investment Program; or
(10)    A member of the family has been incarcerated.
(c)    “Board” means the Board of Trustees of Residential Boarding Education Programs.
(d)    “Operator” means a private nonprofit or public entity that develops and operates a program.
(e)    “Program” means a residential boarding education program that includes:
(1)    A remedial curriculum for middle school grades;
(2)    A college-preparatory curriculum for high school grades;
(3)    Extracurricular activities such as athletics and cultural events;
(4)    College admissions counseling;
(5)    Health and mental health services;
(6)    Tutoring;
(7)    Community service opportunities; and
(8)    A residential student life program.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-703 - Eligibility

(a)    A student shall be eligible to participate in a program if the student is:
(1)    A disadvantaged child as defined in § 8–101 of this title;
(2)    An at–risk youth;
(3)    A resident of the State; and
(4)    Except as provided in subsection (b) of this section, enrolled in grade 5 or grade 6.
(b)    Notwithstanding subsection (a)(4) of this section, a student enrolled in grade 7 or higher shall be eligible to participate in a program if:
(1)    The student is otherwise eligible under subsection (a) of this section; and
(2)    An operator files an appropriate plan under § 8–704.1 of this subtitle.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-704 - Department to Contract With Operator to Provide Services

(a)    The Department may contract with an operator to provide at-risk youth in the State with the opportunity to participate in a program.
(b)    The operator shall meet the qualifications established by the Department including:
(1)    Previous experience with a comparable program;
(2)    Measured success with a comparable program; and
(3)    The capacity to finance and secure private funds for the development of a campus for the program.
(c)    (1)    The operator shall adopt written standards for the admission and dismissal of students.
(2)    The standards and any amendments shall be submitted to the State Board for approval.
(3)    The State Board may require modifications to the standards as it considers necessary.
(d)    The operator shall submit its charter and bylaws to the State Board for approval.
(e)    The operator shall conduct an outreach program for each local education agency in the State to:
(1)    Provide information to the local education agency about the program; and
(2)    Encourage student recruitment and participation from each county in the State.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-704.1 - Program for Youth Grade 7 or Higher

(a)    The Department may contract with an operator who meets the requirements of § 8–704 of this subtitle to provide at–risk youth in the State enrolled in grade 7 or higher with the opportunity to participate in a program.
(b)    The program under this section may be a part of the program under § 8–704 of this subtitle.
(c)    The operator shall submit a plan to the Department to enroll students in grade 7 or higher that includes:
(1)    All grade levels from which students shall be enrolled;
(2)    The time frame during which enrollment shall occur;
(3)    The circumstances under which an operator shall enroll students;
(4)    The process by which students shall be selected;
(5)    If applicable, a description of how students shall be integrated into an existing educational curriculum and residential student life; and
(6)    Any other information requested by the Department.
(d)    The Department shall review and approve the plan if it is consistent with the educational purposes of this subtitle.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-705 - Governing Board

(a)    The Board shall govern a program.
(b)    (1)    The Board consists of 25 members.
(2)    Of the 25 members:
(i)    5 shall be appointed by the Governor, with the advice of the State Superintendent and the advice and consent of the Senate; and
(ii)    20 shall be selected in accordance with the charter and bylaws of the program.
(c)    (1)    The term of a member is 3 years.
(2)    The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2006.
(3)    At the end of a term, a member continues to serve until a successor is appointed or selected and qualifies.
(4)    A member may not serve for more than 3 consecutive full terms.
(5)    A vacancy shall be filled in the same manner in which the vacating member was appointed or selected.
(d)    The Board shall determine its officers.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-706 - Program Requirements and Accountability

A program shall be subject to:
(1)    The same accountability mandates of the federal No Child Left Behind Act as other public schools in the State; and
(2)    The requirements of 20 U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-707 - Salaries

Teachers and any other professional personnel at the program shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in the county in which the school is located.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-708 - Reporting Requirements

(a)    The Board shall submit to the Department on or before July 1 of each year:
(1)    The name of each student who participated in the program during the preceding year;
(2)    The name of each student projected to participate in the program during the upcoming year;
(3)    The county in which each student who participated in the program during the preceding year was domiciled;
(4)    The county in which each student projected to participate in the program during the upcoming year is domiciled;
(5)    The total number of students that participated in the program during the preceding year;
(6)    The total number of students projected to participate in the program during the upcoming year;
(7)    The actual operation budget for the preceding year; and
(8)    The projected operating budget for the upcoming year.
(b)    The Department shall report:
(1)    On or before April 1 and October 1 of each year, to each county board regarding:
(i)    The number of students who are participating in the program from the county; and
(ii)    The name of each student from the county who is being charged to the county; and
(2)    On or before December 1 of each year, to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly regarding:
(i)    The information provided under subsection (a) of this section; and
(ii)    Whether the funds appropriated under § 8-710 of this subtitle should be increased or decreased.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-709 - Funding

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Cost per pupil” means the amount of money spent by a county board for the operating expenses of public education in the county from county and State sources divided by the full-time equivalent enrollment of the county as defined in § 5-202(a) of this article.
(3)    “State sources” means funds provided to a county board in accordance with §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.
(b)    Students participating in a program shall be included in the enrollment of the county in which the student is domiciled for the purposes of calculating State aid under §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.
(c)    (1)    To support the cost of instructional programming for a program, each county board shall pay to the Department an amount equal to 85% of the cost per pupil for each student who participates in a program but is domiciled in the county.
(2)    Each county governing body shall include a student participating in a program in the full-time equivalent enrollment used for calculating the required local funds appropriated under § 5-202(d) of this article.
(d)    The Department shall disburse the funds received in accordance with this section to the program.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 7 - Residential Boarding Education Programs for At-Risk Youth › Section 8-710 - Additional Funding to Cover Transportation, Boarding, and Program Administration

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Change in the per pupil amount” means the change in the per pupil foundation amount from the prior fiscal year to the current fiscal year divided by the per pupil foundation amount from the prior fiscal year.
(3)    “Per pupil allocation” means the per pupil figure calculated each fiscal year under subsection (c) of this section to cover the transportation, boarding, and administrative costs of a program.
(4)    “Per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–202 of this article.
(b)    In addition to the funds disbursed in accordance with § 8–709 of this subtitle, the Governor shall include in the annual budget bill an appropriation of funds to the Department in accordance with this section to cover the transportation, boarding, and administrative costs of a program.
(c)    (1)    Subject to paragraph (4) of this subsection, for fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to the Department in order for a program to serve up to 80 students.
(2)    For each additional 10 students enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional $250,000.
(3)    For fiscal year 2014 and each fiscal year thereafter, for each student enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional amount that is at least equal to the prior year per pupil amount multiplied by the change in the per pupil amount plus one.
(4)    The total amount of funds included in the annual budget bill under this subsection may not exceed an amount adequate to fund the per pupil allocation for 400 students for any fiscal year.
(d)    This section may not be construed to prohibit a program from receiving funds from private, federal, or other sources.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-102 - "Public Charter School" Defined

In this title, “public charter school” means a public school that:
(1)    Is nonsectarian in all its programs, policies, and operations;
(2)    Is a school to which parents choose to send their children;
(3)    Except as provided in §§ 9–102.1, 9–102.2, and 9–102.3 of this title, is open to all students on a space–available basis and admits students on a lottery basis if more students apply than can be accommodated;
(4)    Is a new public school or a conversion of an existing public school;
(5)    Provides a program of elementary or secondary education or both;
(6)    Operates in pursuit of a specific set of educational objectives;
(7)    Is tuition–free;
(8)    Is subject to federal and State laws prohibiting discrimination;
(9)    Is in compliance with all applicable health and safety laws;
(10)    Is in compliance with § 9–107 of this title;
(11)    Operates under the supervision of the public chartering authority from which its charter is granted and in accordance with its charter and, except as provided in §§ 9–104.1 and 9–106 of this title, the provisions of law and regulation governing other public schools;
(12)    Requires students to be physically present on school premises for a period of time substantially similar to that which other public school students spend on school premises; and
(13)    Is created in accordance with this title and the appropriate county board policy.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-102.1 - Waiver From 9-102(3)

(a)    The State Board may grant a waiver from § 9–102(3) of this title to a public charter school if the public charter school:
(1)    Is located on property within a federal military base in the State; and
(2)    Will admit students with parents who are not assigned to the base to at least 35% of its total available space as part of the initial cohort of students in a grade.
(b)    If a public charter school is granted a waiver under subsection (a) of this section, subject to the requirement set forth in subsection (a)(2) of this section, the public charter school shall:
(1)    Admit all students on a lottery basis in accordance with § 9–102.2 of this title; and
(2)    Take reasonable steps to maintain the 35% to 65% ratio intended as part of the initial cohort of students in a grade.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-102.3 - Waiver -- Converted Public Charter School Providing Guaranteed Placement Within Geographic Attendance Area

(a)    In accordance with § 9–104 of this title, a county board may grant a waiver from § 9–102(3) of this title to:
(1)    A converted public charter school that:
(i)    Subject to subsection (b) of this section, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the county board;
(ii)    Is a low–performing school as identified by the county board;
(iii)    Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and
(iv)    Meets a strategic need of the local school system, as identified in the county board’s public charter school policy developed under § 9–110 of this title, that shall include at least one of the following elements:
1.    Serving a high–need population;
2.    Increasing student performance;
3.    Increasing enrollment; or
4.    Increasing student diversity; or
(2)    A converted public charter school that is seeking renewal of an existing charter contract that was granted under item (1) of this subsection.
(b)    If a public charter school does not fill 100% of its available space under subsection (a)(1) of this section, the public charter school shall admit students on a lottery basis to its remaining available space.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-106 - Public Charter School -- Obligations and Waiver

(a)    Subject to subsection (b) of this section, a public charter school shall comply with the provisions of law and regulation governing other public schools.
(b)    Subject to subsection (d) of this section, a public charter school may seek a waiver of the requirements under subsection (a) of this section from:
(1)    A county board for policies that are the policies of the county board; and
(2)    The State Board for policies that are the policies of the State Board.
(c)    If a waiver is denied under this section, the county board or the State Board, as appropriate, shall provide the reason for the denial in writing to the public charter school.
(d)    A waiver may not be granted from provisions of law or regulation relating to:
(1)    Audit requirements;
(2)    The measurement of student academic achievement, including all assessments required for other public schools and other assessments mutually agreed upon by the public chartering authority and the school; or
(3)    The health, safety, or civil rights of a student or an employee of the public charter school.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-107 - Responsibilities of Public Chartering Authority

(a)    A public chartering authority may not grant a charter to a public charter school whose operation would be inconsistent with any public policy initiative, court order, or federal improvement plan governing special education that is applicable to the State.
(b)    A public chartering authority shall ensure that the authorizing process for a public charter school and the charter application address the roles and responsibilities of the county board and the applicants and operators of the public charter school with respect to children with disabilities.
(c)    The public chartering authority shall ensure that, prior to opening a public charter school, the operators of the school are informed of the human, fiscal, and organizational capacity needed to fulfill the school’s responsibilities related to children with disabilities.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-108 - Rights of Employees of a Public Charter School

(a)    Employees of a public charter school:
(1)    Are public school employees, as defined in §§ 6–401(e) and 6–501(g) of this article;
(2)    Are employees of a public school employer, as defined in §§ 6–401(f) and 6–501(h) of this article, in the county in which the public charter school is located; and
(3)    Shall have the rights granted under Title 6, Subtitles 4 and 5 of this article.
(b)    If a collective bargaining agreement under Title 6, Subtitle 4 or Subtitle 5 of this article is already in existence in the county where a public charter school is located, the employee organization, public school employer, and the public charter school may mutually agree to negotiate amendments to the existing agreement to address the needs of the particular public charter school, including amendments to work days, work hours, school year, procedures for transfers that are consistent with the instructional mission of the school, and extra duty assignments.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-109 - Disbursement of Funds

(a)    A county board shall disburse to a public charter school an amount of county, State, and federal money for elementary, middle, and secondary students that is commensurate with the amount disbursed to other public schools in the local jurisdiction.
(b)    The State Board or the county board may give surplus educational materials, supplies, furniture, and other equipment to a public charter school.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-110 - Public Charter School Policy

(a)    (1)    Each county board shall develop a public charter school policy and provide it to the State Board.
(2)    The policy required under paragraph (1) of this subsection shall include guidelines and procedures regarding:
(i)    Evaluation of public charter schools;
(ii)    Revocation of a charter;
(iii)    Reporting requirements; and
(iv)    Financial, programmatic, or compliance audits of public charter schools.
(3)    The policy required under paragraph (1) of this subsection, including any updates or amendments made to the policy, shall be provided to the Department and made available on request and posted on the website of the county board.
(b)    (1)    The Department shall designate a staff person to function as a contact person for the Maryland Public Charter School Program.
(2)    The staff person designated as a contact person under paragraph (1) of this subsection shall:
(i)    Provide technical assistance to the operator of a public charter school to help the school meet the requirements of federal and State laws, including 20 U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and
(ii)    Gather information from public charter schools in the State regarding innovative approaches to education and best practices taking place at public charter schools that may be shared with and disseminated to other public schools in the State.
(c)    The Department shall report annually by December 1 to the General Assembly in accordance with § 2–1257 of the State Government Article regarding:
(1)    Any updates or amendments made to a public charter school policy under subsection (a) of this section; and
(2)    Implementation of this title.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9 - Maryland Public Charter School Program › Section 9-111 - Use of School Site or Building for Public Charter School

(a)    (1)    If, with the approval of the State Superintendent, a county board determines that a school site or building no longer is needed for school purposes and after the county commissioners or county council have provided the required notice under § 4–115 of this article, the county board shall inform the public charter schools in the county that the school site or building is available for occupation and use by a public charter school on the terms determined by the county board.
(2)    Each county board:
(i)    Shall establish a procedure to determine which public charter school may occupy and use an available school site or building if more than one public charter school notifies the county board of an interest in occupying and using a school site or building; and
(ii)    May consider the utilization rate of surrounding school sites and buildings when authorizing a public charter school to occupy a school site or building.
(b)    A public charter school that occupies or uses a school site or building under subsection (a) of this section may not sell, dispose of, or otherwise transfer the school site or building.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Advertisement” means a communication that is intended to influence a person to enter into an obligation or sign a contract for services.
(c)    “Child care center” has the meaning stated in § 9.5–401 of this title.
(d)    “Family child care home” has the meaning stated in § 9.5–301 of this title.
(e)    “Large family child care home” has the meaning stated in § 9.5–301 of this title.
(f)    “License” means a license issued by the Department to operate a child care center.
(g)    “Registration” means a registration issued by the Department to a family child care home or a large family child care home.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-102 - Legislative Intent; State Policy

(a)    The General Assembly declares that:
(1)    Minor children are not capable of protecting themselves; and
(2)    When a parent has relinquished the care of the parent’s minor child to others, there is a possibility of certain risks to the child that require compensating measures.
(b)    It is the policy of the State:
(1)    To protect minor children whose care has been relinquished to others by the child’s parent;
(2)    To resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and
(3)    To encourage the development of child care services for minor children in a safe, healthy, and home–like environment.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-106 - License or Registration -- Suspension or Revocation

Subject to the hearing provisions of § 9.5–107 of this subtitle:
(1)    If a licensee violates any provision of this title or of a rule or regulation adopted under this title, the Department may suspend the license for a period not exceeding 1 year; and
(2)    If a licensee or registrant violates any provision of this title or of a rule or regulation adopted under this title, the Department may revoke the license or registration.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-107 - License or Registration -- Requirements for Revocation or Suspension

The Department may not suspend or revoke a license or registration unless the Department gives to the licensee or registrant:
(1)    Notice of the suspension or revocation at least 20 days before the suspension or revocation;
(2)    A statement of the grounds for the suspension or revocation; and
(3)    An opportunity to be heard.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-109 - Appeal From Administrative Appeal; Stay of Criminal Prosecution or Injunction; Care, Custody, or Control of Children

(a)    A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.
(b)    If a further appeal is taken under this section:
(1)    Any criminal prosecution of the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal;
(2)    Any injunction against the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal; and
(3)    The court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-110 - Issuance, Suspension, or Revocation of License or Registration -- Investigations; Injunctions

(a)    In connection with the issuance, suspension, or revocation of a license or registration, the Department may investigate the policies, purposes, premises, and facilities of a licensee or registrant or an applicant for a license or registration.
(b)    (1)    The Department may petition an equity court to enjoin the activities and operation of a person who seeks to carry on, without a license or registration, the activities for which the person must be licensed or registered.
(2)    The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-111 - Reimbursement Rates for Child Care Subsidy Program

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Analysis” means the market rate survey or an alternative method allowable under federal law.
(3)    “Program” means the Child Care Subsidy Program.
(b)    (1)    Beginning in 2017, and every 2 years thereafter, the Department shall conduct an analysis in order to formulate appropriate reimbursement rates for the Program.
(2)    The Department, before conducting the analysis, shall consult with:
(i)    The Office of Child Care Advisory Council;
(ii)    Child care resource and referral agencies;
(iii)    Child care worker organizations; and
(iv)    Any other appropriate entities.
(c)    On or before September 1, 2017, and by September 1 every 2 years thereafter, the Department shall report to the Joint Committee on Children, Youth, and Families, the Senate Budget and Taxation Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on:
(1)    The methodology of the analysis required under subsection (b) of this section;
(2)    Cost estimates for raising the Program’s reimbursement rates to the 45th, 55th, 65th, and 75th percentile of child care providers in each of the State’s market regions;
(3)    The minimum base payment rate that is required for child care providers to meet health, safety, quality, and staffing requirements in accordance with federal law and the factors used to determine that rate;
(4)    The rate adjustment that the Department will implement based on the analysis;
(5)    Any adjustments to Program eligibility or family copay amount that will be implemented; and
(6)    Any potential impacts on families and providers due to any adjustments made to the Program.
(d)    The Governor shall include in the annual State budget an appropriation from all fund sources for the Program that is not less than the total appropriation for the Program in fiscal year 2018 or fiscal year 2019, whichever is greater.
(e)    The Governor shall, from all fund sources, appropriate funds in the annual State budget in an amount sufficient to raise the Program’s reimbursement rates for each region to:
(1)    For fiscal year 2020, not less than the 30th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used; and
(2)    For fiscal year 2021 and each fiscal year thereafter, not less than the 60th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-112 - Reports

Beginning October 1, 2016, the Department shall submit to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, the monthly reports received by the Department regarding Child Care Subsidy Program expenditures and participation.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 1 - Established › Section 9.5-115 - Child Care Information Provided Annually -- Screening -- Information Provided by Department

(a)    In this section, “child care program” includes:
(1)    A child care center, as defined in § 9.5–401 of this title;
(2)    A family child care home, as defined in § 9.5–301 of this title; and
(3)    A large family child care home, as defined in § 9.5–301 of this title.
(b)    (1)    Beginning July 1, 2023, at least once each calendar year, a child care program shall make the following information available to the parent or guardian of each child under the age of 3 years:
(i)    Information about the Maryland Infants and Toddlers Program; and
(ii)    Contact information for the local lead agency responsible for the administration of the Maryland Infants and Toddlers Program.
(2)    A child care program may provide the information required under paragraph (1) of this subsection by:
(i)    A personal message to a parent or guardian, including by an e–mail;
(ii)    A document for which a parent or guardian acknowledges receipt; or
(iii)    A text message.
(c)    On request of a parent or guardian, a child care program shall assist the parent or guardian with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening.
(d)    The Department shall provide each child care program with information about the Maryland Infants and Toddlers Program sufficient for the child care program to carry out the requirements of this section, including contact information for the local lead agency.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 2 - State Early Childhood Advisory Council › Section 9.5-202 - Council Established; Purposes. [Renumbered]

(a)    There is a State Early Childhood Advisory Council in the Department.
(b)    The purposes of the Council are to:
(1)    Coordinate efforts among early childhood care and education programs;
(2)    Conduct needs assessments concerning early childhood education and development programs; and
(3)    Develop a statewide strategic report regarding early childhood education and care.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 2 - State Early Childhood Advisory Council › Section 9.5-204 - Chair; Staff; Compensation. [Renumbered]

(a)    The Governor shall designate the chair of the Council.
(b)    The Department shall provide staff for the Council.
(c)    A member of the Council:
(1)    May not receive compensation as a member of the Council; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 2 - State Early Childhood Advisory Council › Section 9.5-205 - Meetings. [Renumbered]

(a)    The Council shall meet at least three times per calendar year.
(b)    Meetings shall be:
(1)    Open to the general public;
(2)    Held in a place accessible to the general public; and
(3)    Announced in advance.
(c)    Minutes shall be kept of all Council meetings.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 2 - State Early Childhood Advisory Council › Section 9.5-207 - Resignation of Members

(a)    A member of the Council appointed by the Governor who fails to attend at least 50% of the regularly scheduled meetings of the Council during any consecutive 12–month period shall be considered to have resigned.
(b)    (1)    On or before January 15 of each calendar year, the chair of the Council shall forward to the Governor:
(i)    The name of any member considered to have resigned under subsection (a) of this section; and
(ii)    A statement describing the member’s history of attendance during the preceding 12–month period.
(2)    Except as provided in paragraph (3) of this subsection, after receiving the chair’s notice, the Governor shall appoint a successor for the remainder of the term of the resigning member.
(3)    If a member has been unable to attend meetings for reasons satisfactory to the Governor, the Governor may waive the resignation.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 2 - State Early Childhood Advisory Council › Section 9.5-208 - Duties

(a)    The Council shall:
(1)    Conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including:
(i)    The availability of high–quality prekindergarten services for low–income children in the State;
(ii)    Health–related barriers to school readiness and early childhood educational success; and
(iii)    An assessment of the availability of high–quality early childhood education and development programs that serve children with and without disabilities together;
(2)    Identify opportunities for, and barriers to, collaboration and coordination among federally funded and State–funded child development, child care, and early childhood education programs;
(3)    Assess the capacity and effectiveness of 2–year and 4–year public and private institutions of higher education in the State toward supporting the development of early childhood educators, including the extent to which the institutions have articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program;
(4)    Make recommendations:
(i)    For increasing the overall participation of children in existing federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special populations;
(ii)    Regarding the establishment of a unified data collection system for public early childhood education and development programs and services throughout the State;
(iii)    Regarding statewide professional development and career advancement plans for early childhood educators in the State; and
(iv)    For improvements to State early learning standards and how to undertake efforts to develop high–quality comprehensive early learning standards, as appropriate;
(5)    Hold public hearings and provide an opportunity for public comment on the activities described in items (1) through (4) of this subsection; and
(6)    Perform any other duties that may be requested by the Governor.
(b)    (1)    On or before December 1, 2015, the Council shall submit to the Governor, the State Superintendent of Schools, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a statewide strategic report on the activities described in subsection (a)(1) through (4) of this section.
(2)    After submission of the report required under paragraph (1) of this subsection, the Council shall continue to meet periodically to review implementation of the report’s recommendations and any changes in State and local needs after submission of the report.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Child care provider” means the adult who has primary responsibility for the operation of a family child care home or a large family child care home.
(c)    “Direct Grant Fund” means the Family Child Care Provider Direct Grant Fund.
(d)    “Family child care” means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the child care provider is paid.
(e)    “Family child care home” means a residence in which family child care is provided for up to eight children.
(f)    “Family child care provider” means an individual who cares for children in a registered family child care home or a registered large family child care home.
(g)    “Large family child care home” means a residence in which family child care is provided for at least nine children, but not more than 12 children.
(h)    “Unregistered family child care home” means a residence in which family child care is provided and in which the child care provider:
(1)    Has not obtained a certificate of registration from the Department;
(2)    Is not related by blood or marriage to each child in the provider’s care;
(3)    Is not a friend of each child’s parents or legal guardian and is providing care on a regular basis; and
(4)    Has not received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-302 - Registration System

(a)    The Department shall implement a system of registration for family child care homes and large family child care homes.
(b)    The purpose of registration of family child care homes and large family child care homes is to:
(1)    Protect the health, safety, and welfare of children while they are in family child care;
(2)    Identify family child care homes and large family child care homes;
(3)    Provide basic technical assistance and child care information to child care providers; and
(4)    Minimize the regulatory rigidity often associated with licensing.
(c)    The system of registration is intended to promote a high degree of flexibility in the regulation of family child care homes and large family child care homes while assuring the health and safety of children who are cared for in family child care homes and large family child care homes.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-304 - Registration Required; Advertisement; Violation

(a)    Except as otherwise provided in this section, a family child care home or large family child care home may not operate unless it is registered.
(b)    A family child care home is not required to be registered if the child care provider:
(1)    Is related to each child by blood or marriage;
(2)    Is a friend of each child’s parents or legal guardian and the care is provided on an occasional basis; or
(3)    Has received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.
(c)    (1)    A person may not advertise a family child care home, large family child care home, or family child care service unless the family child care home or large family child care home is registered under the provisions of this subtitle.
(2)    An advertisement for a family child care home, large family child care home, or family child care service shall state:
(i)    That the family child care home or large family child care home is registered with the Department; and
(ii)    The registration number issued to the family child care home or large family child care home by the Department.
(3)    An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the home of a child care provider, and the employee of the Department may serve a civil citation without any other evidence of unregistered family child care if:
(i)    The child care provider advertises a family child care home or large family child care home that is not registered under the provisions of this subtitle;
(ii)    The Department sends a warning letter to the child care provider; and
(iii)    The child care provider:
1.    Does not respond to the Department within 10 business days after the Department sends the warning letter; or
2.    Responds to the Department in a manner that does not adequately address the charge in the warning letter.
(4)    The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (3) of this subsection may take any action authorized under § 6–316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.
(d)    An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.