State Department of Education - Independent Regulatory Framework for After School and Out of School Time Child Care Programs - Study

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1373*

HOUSE BILL 1373
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By: Delegate Martinez
Introduced and read first time: February 13, 2026
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

State Department of Education – Independent Regulatory Framework for After 2
School and Out of School Time Child Care Programs – Study 3

FOR the purpose of requiring the State Department of Education to study and make 4
recommendations on establishing an independent regulatory framework for after 5
school and out of school time child care programs; and generally relating to a study 6
on an independent regulatory and licensing framework for after school and out of 7
school time child care programs. 8

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That: 10

(a) (1) The State Department of Education shall study and make 11
recommendations on a framework for the regulation of child care programs for children 12
who are at least 5 years old that is distinct from the regulation of child care programs for 13
children who are under the age of 5 years. 14

(2) The framework established by the Department will focus on the unique 15
child care needs of after school and out of school time child care. 16

(b) In conducting the study required under subsection (a) of this section, the 17
Department shall: 18

(1) investigate the regulatory barriers providers of after school and out of 19
school time child care programs face by having to adhere to the same regulatory and 20
licensing requirements adopted for full–day, early childhood child care centers; 21

(2) evaluate the unique needs of after school and out of school time child 22
care programs and how they differ from those of traditional, early childhood child car e 23
centers, including: 24

2 HOUSE BILL 1373

(i) the ability to use spaces for limited hours that are normally 1
dedicated to other purposes, including schools, recreation centers, and churches; 2

(ii) the needs of the children served, including needs for physical 3
activity, ti me to do homework, distinct social and emotional development , and 4
transportation to novel locations; 5

(iii) the obligations of staff dedicated to overseeing programs for older 6
children, including the type of experiential and educational experience required; 7

(iv) the different needs of parents of children who are at least 5 years 8
old and how programs can best meet them; and 9

(v) the locations and populations of children who are eligible for 10
after school or out of school time child care programs and are underserved by the current 11
regulatory and licensing framework; 12

(3) identify and analyze regulations and licensing requirements in other 13
states that are distinctly designed for after school and out of school time child care 14
programs; and 15

(4) evaluate the administrative approach necessary to oversee the 16
particular needs of after school and out of school time child care programs, including: 17

(i) whether programs should be licensed by or registered with the 18
Department; 19

(ii) whether any adjustments need to be made to the approval, 20
prohibited behavior , and appeal s processes for child care providers to better suit these 21
programs; 22

(iii) the feasibility of providing different licenses or differing sets of 23
rules and regulations for different tiers of programs depending on the types of services 24
provided; 25

(iv) changes needed within the Department to best structure the 26
oversight of these programs, including the need to potentially hire new staff and alter the 27
organization of the Department; and 28

(v) the time it would take to transition into a new administrative 29
approach and the regulatory framework that should govern these programs during that 30
interim. 31

(c) The recommendations required under subsection (a) of this section shall 32
include specific recommendations on the following: 33

(1) staffing requirements; 34
HOUSE BILL 1373 3

(2) facility requirements; 1

(3) staff to child ratio requirements; 2

(4) background check requirements; 3

(5) training requirements; 4

(6) emergency planning requirements; 5

(7) facility and spacing requirements; 6

(8) inspection requirements; 7

(9) parental notice and approval requirements; and 8

(10) health and safety requirements. 9

(d) In conducting the study required under subsection (a) of this section the 10
Department shall consult with stakeholders. 11

(e) On or before December 1, 2026, the Department shall submit , in accordance 12
with § 2 –1257 of the State Government Article, a report of its findings and 13
recommendations to the Senate Education, Energy, and the Environment Committee and 14
the House Ways and Means Committee. 15

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2026. 17