Private Schools
Private schools operating in Maryland are subject to the authority of the Maryland State Department of Education ("MSDE"). However, they are not bound by all the laws and regulations that public schools are. The law governing private schools is primarily found in the Maryland Code, Education Article, and the regulations issued by the MSDE. This article provides a summary of the laws and regulations governing private schools in Maryland.
Compulsory School Attendance
Maryland law requires children between the ages of 5 and 18 to attend public school regularly during the school year. However, children attending a private school are exempt from public school attendance if the private school they attend meets state standards.
Learn more about compulsory school attendance.
Read the Law: Md. Code, Education § 2-206, § 7-301
Approval and Oversight of Private Schools
Private schools in Maryland are subject to oversight by the MSDE. The Nonpublic School Approval Branch of the MSDE is responsible for the regulatory oversight of nonpublic schools. These schools fall into three distinct categories: private pay, publicly funded, and registered church-exempt schools. Private pay and publicly funded private schools must hold a Certificate of Approval issued by the MSDE. Registered church-exempt schools are exempt from the education regulations set forth by the MSDE because they are governed and operated by a bona fide church organization.
To obtain a Certificate of Approval, a private school must demonstrate that its programs, instruction, student entrance requirements, and performance standards are appropriate for the diplomas or certificates it will issue. The certificate cannot be transferred to another school, and private schools must comply with several operational requirements including:
- Allowing inspections by the MSDE.
- Filing periodic reports with the MSDE.
- Meeting specific personnel requirements, including qualifications for administrative heads and teachers.
- Maintaining accurate student records, including the academic records of all students in grades 9 through 12.
- Retaining instructional materials and equipment necessary to implement the school's curriculum.
NOTE: These requirements do not apply to colleges, apprenticeship programs, or specialized classes (e.g., in art, music, dance, drama, sports, crafts, or photography).
If the State Board of Education finds that a private school does not meet these standards, the Board can compel the school to comply or cease operations. Should a private school stop operating, it must file academic records for students in grades 9 through 12 with the State Superintendent of Schools. This ensures that students’ academic histories are preserved for purposes like college admissions.
A list of approved private pay and publicly funded nonpublic schools is available on the MSDE website.
Read the Law: Md. Code, Education § 2-206
Read the regulations: Code of Md. Regulations 13A.09.09, 13A.09.10
Educational Standards and Diplomas
Private schools must provide instruction in core subjects, including English, math, science, and social studies. The specific curriculum must be suited to the education level of the students and aligned with the diplomas or certificates the school plans to issue. The MSDE sets the minimum requirements for issuing diplomas for both public and private schools. Private schools are granted flexibility in designing their curricula, but they must still meet the state’s minimum standards for student achievement.
Private schools also have discretion regarding teacher qualifications, as Maryland does not require private school teachers to hold state certification.
Read the Law: Md. Code, Education § 2-206
Health and Safety Requirements
Private schools in Maryland must comply with state health and safety regulations similar to those applied to public schools. This includes conducting fire drills, maintaining emergency plans, and complying with building codes. Maryland’s immunization laws also apply to students attending private schools.
In addition, private school staff are required to report suspected child abuse or neglect under Maryland’s child abuse reporting laws.
Read the Law: Md. Code, Education § 7-408.1, Md. Code, Family Law § 5-704, § 5-705.4
Read the regulations: Code of Md. Regulations 13A.09.09.11, 13A.09.10.07
Special Education and Services for Students
Private schools are not required to provide special education services. However, if a public school district places a child with disabilities in a private school, the public school district is responsible for providing necessary special education services to that child.