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Law Educator, Esq.
Law Educator, Esq., Attorney
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Does a martial arts school have to be a certified child care

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Does a martial arts school have to be a certified child care center to operate an after school martial arts program?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The Code of Maryland Administrative Regulations 13A.16.02, in pertinent part states:

(b) "Child care" does not mean:
(i) Group lessons or classes providing specialized training in a specific subject, unless provided in a pattern indicating that a child care center is being operated;
(ii) Scouting, sports, or youth club activities

Thus, if you are conducting sports training after school it is not considered "child care" and thus licensing would not be required.

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Customer: replied 3 years ago.

Just to clarify. We do have a couple of parents drop off their school age child to us in the morning due to their work schedules. After about 40 minutes we take them to school. Some of the kids may bring something to eat. In the afternoon, we pick kids up from school and they come to the gym and do about 40 minutes, if that of homework. then prepare and participate in a 50 - 60 minute martial arts class. Parents then pick up their child from the gym. One of our sister martial arts school had to go to court because the local child center program responsible for approving child care centers tried to suggest they were operating as a child care center. It was proven that martial art schools are exempt and they were not. We are a martial arts school and our program is centered around students training in martial arts, thought we help them with homework. What is the law?


Now on the other hand, we are slowing taking measures to become a martial arts child care center so that school age kids whose parents are on assistance, can afford to take advantage of our program which is designed to build confidence, improve focus, develop self-defense skills, and build leadership. We are looking at renovations we need to make, certification for staff etc. Hopefully by next summer we can be certified. I just want to make sure we are okay providing a specialized martial arts training program without having to be a child care center. Thanks

Thank you for your response.

The morning care, without any training is pushing you into the daycare facility and away from the martial arts business and would require you to have the daycare license.

The evening care even though they have time to do their homework as long as the majority of the time or at least 1/2 of the time is spent in the training of marital arts you would be okay, but doing the morning care is going to qualify you based on the above law I already gave you as a daycare needing a license (the pattern indicating a child care facility is being operated part of the law).
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