Outdoor Preschool Licensing in Maryland

Updates on Maryland's Outdoor Preschool Licensing Pilot

In January 2025, MSDE put forth new licensing requirements for participants in the outdoor preschool licensing pilot. Despite opposition against some of the problematic regulations (see below), the Board of Education promulgated them into law, which launched the next phase of the pilot.

Since these regs were passed, MSDE created an application process for prospective pilot participants to receive an Outdoor Preschool License. In June of 2025, they began soliciting applications for pilot sites. But with no funding and limited guidance for prospective outdoor preschools, and no clear coordination to ensure that other state agencies are aware of the new Outdoor Preschool Licensing regulations, it has been an uphill climb that many programs are not willing to make.

We have heard from many prospective program leaders who are frustrated and confused. They often receive conflicting, inconsistent information regarding building and zoning codes (outdoor preschools do not have buildings), fire safety inspections (currently set up to inspect buildings), and more. Without thoughtful, coordinated communication among these agencies, many would-be outdoor preschool programs have decided not to apply. Right or wrong, this also leaves the impression that Maryland's Office of Child Care would prefer that programs apply for a traditional preschool license, which requires a building and maintains status quo. These challenges, combined with a few problematic regulations written into the new regs, are preventing the 5-10 pilot sites called for in the legislation.

These are some of the challenges in Maryland's Outdoor Preschool Licensing regulations:

• Safe operating temperatures: When teachers are trained to be with children in outdoor settings, AND children are prepared for outdoor learning in all weather, 30 degrees is safe and should not be the threshold requiring closure. See the Natural Start Alliance's Early Childhood Weather Guide here for more information.
  
  
• Requirement of max 12 children: When teachers are trained to be with children in outdoor settings, AND the outdoor learning environment and needs of the group is conducive to it, outdoor preschools can safely operate with up to 16 children. Currently there is no path to have more than 12 children in a group. We suggest creating a path to demonstrate preparedness and safety for more children, which can make it more feasible for programs to operate while meeting demand that expands access to childcare.
  
  
• Staffing: The current regulations require two lead teachers instead of one lead teacher and one aide. We suggest keeping one lead teacher/one aide for outdoor preschools for greater consistency and to make it financially feasible for programs to operate. With the additional training requirements (suggested below), staff would still have additional training needed for outdoor nature-based programs.
  
  
• Training: There is no funding associated with the pilot, and the required training is far beyond what a traditional preschool/center is required to have. This is a barrier for many prospective pilot sites/programs. The current regulations require the director/lead teacher to have all of the standard required training other licensed directors and teachers have, with an additional 36 clock hours of training in nature-based early childhood education, which includes health, safety, and other risk management topics. We suggest updating guidance to reflect 12 clock hours of training with emphasis on health, safety, and risk management in outdoor preschool settings. 
  
  Additionally, there is a requirement that both teachers must have Wilderness First Aid & CPR training, which exceeds the basic first aid/cpr that other early childhood directors and teachers are required to have. We suggest a closer examination of the outdoor learning environment to determine if this extra level of training is truly needed, regardless of which MSDE license they have. For example, if the program has quick access to emergency services in a community or urban setting, then basic first aid/cpr is adequate. In more remote outdoor settings, it is imperative for teachers to have the more comprehensive Wilderness First Aid & CPR training. We suggest a regulation that sets the first aid/cpr requirement based on the outdoor setting, without making it a blanket requirement if it is not necessary.
  
  For example, there are many licensed nature preschools at nature centers. They often operate on hundreds of acres. Because they have a building and a traditional license, none of their teachers are required to have Wilderness First Aid & CPR training (though they should!). MSDE allows for traditional and "hybrid" licenses, but the same basic first aid/cpr is required. Yet for outdoor preschools, Wilderness First Aid & CPR is exclusively required, whether it is truly needed or not. When it comes to what kind of safety training is needed, this should be informed by features of the site as well as the kind of outdoor learning that occurs. This would ensure that regardless of the childcare setting, teachers have appropriate training to keep kids safe when engaged in outdoor learning.
  
  
• Licensing Structures: This is not mentioned in the regulations but still presents a problem. In Maryland, the Office of Child Care only allows "one license per address". This means that a program with an existing traditional preschool cannot expand access by adding an outdoor preschool option to their existing childcare license (for example, a center that operates on 5 acres could have both indoor and outdoor preschool options - doubling the number of children they serve - if it were possible. Many nature centers, childcare centers, and farm-based programs could expand access if this were allowed. We suggest an internal systems change so that the Office of Child Care can designate a traditional license for indoor programs AND allow an outdoor preschool license for 100% outdoor programs operating on the same campus.

We cannot understate all the important work that has already taken place over the course of the pilot, and the Advisory Stakeholders Group has worked hard to keep the heart and soul of forest schools intact. But these pieces continue to prevent outdoor preschool to be fully realized in Maryland, so we still have work to do.

If you want to get involved, please reach out to learn more. Thank you for your on-going support!

December 2024 | Help us advocate for outdoor preschool licensing with the heart and soul that forest and nature schools need.

If you've been following the MD pilot, then you know that we've made tremendous progress with MSDE to draft regulations for outdoor preschools since HB525 was enacted on July 1, 2023. Over the last year, the advisory stakeholders group has worked dilligently to help draft regulations that are now up for public comment with the Board of Education. The drafts regs allow safety measures for outdoor napping, firemaking, outdoor toileting/handwashing and more, which we are proud of. We are encouraged by the work thus far, but there is another issue to address before the pilot can move forward.

Despite our expert stakeholder's guidance and testimony, MSDE included a regulation that would require outdoor preschools to CLOSE if the temperatures are 30 degrees or below. We understand that for people who are not regularly outdoors with children, 30 degrees may seem plenty cold! But experienced nature-based educators know that with the proper gear and teacher training (which is baked into the new regs already), we can safely be outdoors children in colder temperatures. 

The drafted regulations serve as a template for future outdoor preschool licensing, not only in Maryland, but far beyond. Maryland is the first East Coast state to pass legislation for a four-year outdoor preschool pilot and our regulations will affect other state efforts. We are very motivated to ensure that these regulations ensure safe, excellent opportunities for Maryland’s children and families, and result in sustainable programs for families and staff. 

Unless we act now, these regulations will be promulgated into law, making outdoor preschool an unrealistic, unreliable form of childcare through winters in Maryland. We need your help! Please advocate for the crucial change below and reject the regulations as they currently exist by December 1, 2024. 

We have included detailed information below, but feel free to view this 10-minute video with passcode: ZG?Giz5z if you prefer a verbal explanation from Monica Wiedel-Lubinski, Executive Director of ANBE. The "Take Action" heading below explains exactly how you can help.

WHAT'S THE ISSUE? COLD WEATHER.

These regs would require class to be cancelled altogether if the temperature is 30 degrees or below. Our stakeholders group shared a range of resources and examples of programs that safely operate in cold temperatures to the benefit of the children and explained why. For example:

• Precautions around proper gear and layering will be in place
• Use of fire is permitted with safety protocols in place, which provides a means for warmth
• Warm beverages, food, and movement keep children warm
• Emergency plans and emergency shelter will be in place

Further, we believe that the drafted regulations are already designed to safeguard children and ensure that teachers are well prepared to monitor and address the children's needs in all kinds of weather. The draft regulations require:

• Wilderness First Aid & CPR training which equips them with even better skills to notice and address any potential weather-related concerns
• Specific nature-based training that covers risk management, gear, supplies, and safety measures for all-weather learning

The problematic regulation 13A.14.15.08P states:

"Safe Operating Temperatures. The pilot program shall not operate on any day when the MSDE Child Care Weather Watch Chart posted on the MSDE website is:

(1) In the red zone for the Heat Index Chart; or
(2) In the yellow or red zone for the Wind-Chill Factor Chart."

*See "Child Care Weather Watch Chart".

We believe the regulation should instead be:

"Safe Operating Temperatures. The pilot program shall not operate on any day when the MSDE Child Care Weather Watch Chart posted on the MSDE website is:

(1) In the red zone for the Heat Index Chart; or
(2) In the yellow or red zone for the Wind-Chill Factor Chart."

Please note that Maryland's regulations are modeled in large part after Washington State's existing regulations that read:

“Conditions that pose a health or safety risk may include, but are not limited to:
(a) Heat in excess of 100 degrees Fahrenheit or pursuant to advice of the local authority;
(b) Cold less than 20 degrees Fahrenheit, or pursuant to advice of the local authority;”

By requiring these programs to close and not have class on days the temperature is 30 degrees of below (for even part of the day), will result in several days of closure. This in turn greatly impacts students, families, and staff:

• Children that do not have regular access to their class environment are at the risk of learning loss and chronic absenteeism (acadmeic, social-emotional, physical development and skills; a sense of safety)
• Families who rely on these programs for regular child care so they can work will be forced to find alternative care AND may need to continue to pay for the outdoor program. This is both a financial and logistical burden many families cannot carry!
• Teachers that cannot guarantee that they will have regular work during the winter months will likely leave the field and look for employment elsewhere.

HOW TO TAKE ACTION

Send a letter to the Maryland State Board of Education by December 1st. The stakeholders group has created this letter template, which you can personalize and send. You may copy and paste it directly into an email or submit a more formal letter that is attached as a PDF. (Tip: Click "file" and "make a copy" to create and share your own letter. Be sure to click "file" and "download" to save as a PDF.) Send your letter to the Board of Education at: stateboard.msde@maryland.gov.

We are the first East Coast state to pass legislation for an outdoor preschool pilot and our regulations will affect other states. Please help us ensure the pilot's success! If you would like to learn more, please do not hesitate to reach out.

Thank you for your help and for submitting a letter requesting this change by December 1st! If you'd like to learn more, please contact Monica Wiedel-Lubinski, Executive Director of ANBE for details.

OUR WORK TO LICENSE OUTDOOR PRESCHOOLS IN MD

In January 2020 - prior to the pandemic - ERAFANS (now ANBE) Executive Director Monica Wiedel-Lubinski formed an Outdoor Preschool Licensing Advisory Team (OPLAT) and they got to work! They began conversations with MSDE officials, local organizations and schools, policy makers, elected officials, advocates, and other stakeholders began in earnest to establish allies and help inform the public of the need for the bill.  

In 2022, champion Delegate Michele Guyton (District 42B) proposed HB376 to establish an Outdoor Preschool Licensing Pilot Program in Maryland. The bill had seven co-sponsors and groundswell of community support including: the Maryland State Child Care Association, Chesapeake Bay Foundation, National Wildlife Federation, North American Association for Environmental Education, and the Maryland Association for Outdoor Environmental Education, just to name a few! The bill was also endorsed by Baltimore Mayor Brandon Scott. But the bill didn't get a vote. It never moved forward from the Ways and Means Committee.

For the rest of 2022 and into 2023, we continued to work with community members, early childhood advocates, public policy and lawmakers to inform them about the bill and the urgent need for it to pass. Members of the Outdoor Preschool Licensing Advisory Team continued to do the work of introducing lawmakers to the benefits of outdoor preschool. More OPLAT members hosted delegates and a lawmakers at their outdoor preschools. This provided an experiential learning session for lawmakers and gave insight into our goals. These visits were crucial to demonstrate how joyful and effective outdoor preschools can be. OPLAT members also continued to work closely with families, helping them understand why their advocacy matters, too.

On Feb. 1, 2023, Delegate Guyton introduced House Bill 525 to the Maryland House, this time with thirteen co-sponsors! We testified to the Ways and Means Committee on 2/10, then proceeded to negotiate amendments. On 3/2, the Early Childhood Subcommittee voted unanimously to pass the bill with amendments. The same afternoon, the Ways and Means Committee passed the bill and several more Delegates asked to join as co-sponsors! (Watch voting here.) It passed in the House on 3/9 with 26 co-sponsors!

On the Senate side, we testified for the Education, Energy, and the Environment Senate Committee on Wed., March 22. On Wed., March 29 the committee passed HB 525 unanimously with no additional amendments. After Senate review in the 2nd and 3rd reader, we learned Wed., April 5 that it passed in the Senate.

On Tues., May 16, Governor Moore signed HB525 into law, making it official! Maryland is the second in the nation to create a path towards licensing outdoor preschools. We did it!!!

You can rock your support of outdoor preschools with this gear! Proceeds from every purchase support on-going efforts to make outdoor preschool licensing a reality in Maryland. Visit www.bonfire.com/support-outdoor-preschool and get your gear.

OUTDOOR PRESCHOOL ADVOCACY IN YOUR STATE

We provided the following information to help garner support for our bill. If you are working on outdoor preschool licensing legislation, it may be helpful to you, too! We've kept this section in tact so you can see our approach:

Maybe you've heard about it but you're not quite sure what Outdoor Preschool Licensing is all about. Aren't nature preschools already able to be licensed?

Yes and no. There are many wonderful nature preschools that are fully licensed in Maryland - The Nature Preschool at Irvine Nature Center and the Forest Preschool and Child Care at Carrie Murray Nature Center may come to mind. They are able to be licensed because they have indoor classrooms and buildings. But outdoor preschools are NOT able to be licensed because their model operates entirely outdoors, with no indoor classroom or building used daily. In Maryland, outdoor preschools are licensed by the Maryland Department of Health as 'camp' during the summer, but there is no path to extend or continue the license to be recognized as a licensed outdoor preschool during the school year.

Outdoor Preschool Licensing is for programs that meet 100%, fully immersed in nature. These programs take place in a surprising range of settings such as parks, gardens, farms, beaches, and mountains. We can expand PRE-K and provide safe, equitable access to the benefits of nature-based learning and high quality child care by making outdoor preschools another option for Maryland families.

Read this Outdoor Preschool Licensing brochure to learn why it is vital for all children to have safe, inclusive access to outdoor preschool.

Fortunately, we don't have to reinvent the wheel! Our colleagues in Washington State enacted a bill to conduct a four-year Outdoor Preschool Licensing Pilot Program. This enabled experts in nature-based education to work closely with State officials to develop specific licensing guidelines for outdoor preschools - guidelines that are relevant to the work we do with children in fully outdoor settings. Following they pilot, they passed legislation in 2021 to officially license Outdoor Nature-Based Preschools in WA! 

WANT TO SUPPORT HB525? HERE'S HOW TO HELP!

1) Write a letter to your local delegates. 
Feel free to copy and modify this Letter Template for Delegates to send to your local lawmakers (look up MD lawmakers here). They are more likely to act when they hear from their own constituents! You can also share this webpage www.anbe.org/OPL-MD for detailed info or send our brochure about Outdoor Preschool Licensing in MD.

2) Write a Letter of Support for testimony. 
We can submit this with testimony for our hearing, which is a powerful show of demand in favor of the bill. Your letter can be from you, personally, as well as on behalf of your school/organization if you are authorized to do so. You can copy and modify this Letter of Support template and then email your letter(s) to Lisa Poe, co-chair of the Outdoor Preschool Licensing Advisory Team.

3) Ask Parents for Letters of Support. They love your school and want to support the growth of nature-based programs for ALL families! Contact families and ask them to write letters in support of HB525.  You can copy and paste this Parent Email template right in your weekly email correspondence. Feel free to share www.anbe.org/OPL-MD for detailed info or send our brochure about Outdoor Preschool Licensing in MD. This is a great way to demonstrate your leadership and show families that you whole-heartedly support equitable access to nature-based education.

4) Use social media to raise awareness about the bill.

Post to your networks and encourage others to reach out to their local lawmakers, too.

5) Stand with us. 
Join the Outdoor Preschool Licensing Advisory Team! Reach out to Monica Wiedel-Lubinski, co-chair, if you'd like to get involved!

Outdoor Preschool Licensing is an issue of equity, safety, and access to another high quality form of early childhood education. Our efforts will continue to ensure that outdoor preschools become another option for early learning.