EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1305*
HOUSE BILL 1305
F5 2lr2505
By: Delegate Ivey
Introduced and read first time: February 11, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Early Childhood Education – Prekindergarten Programs – Montessori Schools 2
FOR the purpose of altering the eligibility requirements for the Prekindergarten Expansion 3
Grant Program and publicly funded prekindergarten programs to include Montessori 4
schools that meet certain operational requirements, staff credentials, 5
student–to–staff ratios, and classroom sizes; authorizing a county board of education 6
to consult with a Montessori teacher in determining how to implement the 7
kindergarten readiness assessment; and generally relating to the inclusion of 8
Montessori schools in prekindergarten programs in the State. 9
BY repealing and reenacting, without amendments, 10
Article – Education 11
Section 7–101.2(a)(1), (5), and (6) and (b)(1), 7–1A–01(a) and (c) through (e), and 12
7–210(a) and (b) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Education 17
Section 7–101.2(c), 7–1A–04(a), and 7–210(d) 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Education 23
7–101.2. 24
(a) (1) In this section the following terms have the meanings indicated. 25 2 HOUSE BILL 1305
(5) “Program” means the Prekindergarten Expansion Grant Program. 1
(6) “Qualified provider” means: 2
(i) If partnering with a county board under a memorandum of 3
understanding, a State accredited or nationally accredited child care program or a 4
nonpublic school approved by the Department to provide prekindergarten services; and 5
(ii) A county board. 6
(b) (1) There is a grant program known as the Prekindergarten Expansion 7
Grant Program in the State. 8
(c) (1) [Before] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 9
SUBSECTION, BEFORE approving qualified providers for prekindergarten services to 10
receive a grant under this section, a qualified provider shall certify to the Department that 11
for each classroom funded under this section the provider will: 12
[(1)] (I) Maintain a student–to–classroom personnel ratio of no more 13
than 10 to 1 with a maximum of 20 children per classroom; 14
[(2)] (II) Provide in each classroom at least one teacher certified in early 15
childhood education by the State and at least one teacher’s aide who has at least a high 16
school degree; 17
[(3)] (III) Operate an educational program for: 18
[(i)] 1. 5 days per week; 19
[(ii)] 2. 180 days per year, in accordance with the public school 20
calendar established by the local school board; and 21
[(iii) 1.]3. A. For half–day programs, at least 2.5 hours per day; 22
or 23
[2.] B. For full–day programs, at least 6.5 hours per day; 24
and 25
[(4)] (IV) To receive a grant under this section, meet the requirements of § 26
7–1A–04 of this title. 27
(2) BEFORE APPROVING QUALIFIED PROVIDERS WHO ARE 28
MONTESSORI SCHOOLS OR MONTESSORI PROGRAMS FOR PREKINDERGARTEN 29
SERVICES TO RECEIVE A GRANT UNDER THIS S ECTION, A QUALIFIED PROVIDER 30
SHALL CERTIFY TO THE DEPARTMENT THAT FOR E ACH CLASSROOM FUNDED UNDER 31 HOUSE BILL 1305 3
THIS SECTION THE PRO VIDER WILL: 1
(I) MEET THE REQUIREMENTS LISTED UNDER PARAGRA PH 2
(1)(III) OF THIS SUBSECTION ; 3
(II) MAINTAIN A STUDENT–TO–CLASSROOM PERSONNEL RATIO 4
OF NOT MORE THAN 10 TO 1 FOR STUDENT S UNDER THE AGE OF 5 YEARS AND NOT 5
MORE THAN 15 TO 1 FOR STUDENTS WHO ARE AT LEAST 5 YEARS OLD; 6
(III) MAINTAIN A STUDENT–TO–CLASSROOM AREA RATIO OF 1 7
TO 35 SQUARE FEET FOR STUD ENTS UNDER THE AGE O F 5 YEARS AND 1 TO 25 8
SQUARE FEET FOR STUD ENTS WHO ARE AT LEAST 5 YEARS OLD; AND 9
(IV) ENSURE THAT THE CLASSROOM TEACHE R IS CERTIFIED BY: 10
1. THE ASSOCIATION MONTESSORI INTERNATIONALE , 11
USA; 12
2. THE AMERICAN MONTESSORI SOCIETY; OR 13
3. THE MONTESSORI ACCREDITATION COUNCIL FOR 14
TEACHER EDUCATION. 15
7–1A–01. 16
(a) In this subtitle the following words have the meanings indicated. 17
(c) “Eligible prekindergarten provider” includes an: 18
(1) Eligible public provider; and 19
(2) Eligible private provider. 20
(d) “Eligible public provider” means an early learning program that: 21
(1) Is provided by a county board at a public school; and 22
(2) Meets the requirements under § 7–1A–04 of this subtitle. 23
(e) (1) “Eligible private provider” means a community based early learning 24
program that: 25
(i) Is licensed in the State; 26
(ii) Does not charge more tuition for full–day prekindergarten than 27 4 HOUSE BILL 1305
the cost of quality; and 1
(iii) Meets the requirements under § 7–1A–04 of this subtitle. 2
(2) “Eligible private provider” includes the Ulysses Currie Head Start 3
Program under § 5–231 of this article. 4
7–1A–04. 5
(a) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 6
SUBSECTION, ALL eligible prekindergarten providers shall include structural elements 7
that are evidence–based and nationally recognized as important for ensuring program 8
quality, including: 9
[(1)] (I) Beginning in the 2025–2026 school year: 10
[(i)] 1. High staff qualifications, including teachers who, at a 11
minimum, hold: 12
[1.] A. State certification for teaching in early childhood 13
education; or 14
[2.] B. A bachelor’s degree in any field and are pursuing 15
residency through the Maryland Approved Alternative Preparation Program, which 16
includes early childhood coursework, clinical practice, and evidence of pedagogical content 17
knowledge; and 18
[(ii)] 2. Teaching assistants who have at least: 19
[1.] A. A Child Development Associate (CDA) certificate; or 20
[2.] B. An associate’s degree; 21
[(2)] (II) Professional development for all staff; 22
[(3)] (III) A student–to–classroom personnel ratio of no more than 10 to 1 23
in each class; 24
[(4)] (IV) Class sizes of no more than 20 students per classroom; 25
[(5)] (V) A full–day prekindergarten program; 26
[(6)] (VI) Inclusion of students with disabilities to ensure access to and full 27
participation in all program opportunities; 28
[(7)] (VII) For at least 1 year before a student’s enrollment in kindergarten, 29 HOUSE BILL 1305 5
learning environments that: 1
[(i)] 1. Are aligned with State Early Learning and Development 2
Standards; 3
[(ii)] 2. Use evidence–based curricula; and 4
[(iii)] 3. Use instruction methods that are: 5
[1.] A. Developmentally appropriate; and 6
[2.] B. Culturally and linguistically responsive; 7
[(8)] (VIII) Individualized accommodations and supports for all students; 8
[(9)] (IX) Instructional staff salaries and benefits that are comparable to 9
the salaries and benefits of instructional staff employed by the county board of the county 10
in which the early learning program is located; 11
[(10)] (X) Program evaluation to ensure continuous program improvement; 12
[(11)] (XI) On–site or accessible comprehensive services for students; 13
[(12)] (XII) Community partnerships that promote access to comprehensive 14
services for families of students; and 15
[(13)] (XIII) Evidence–based health and safety standards. 16
(2) IF AN ELIGIBLE PREKINDERGA RTEN PROVIDER IS A MONTESSORI 17
SCHOOL OR MONTESSORI PROGRAM, THE ELIGIBLE PREKIND ERGARTEN PROVIDER 18
SHALL INCLUDE THE STRUCTURAL ELEMENTS LISTED IN PARAGRAPH (1) OF THIS 19
SUBSECTION, EXCEPT: 20
(I) INSTEAD OF MEETING THE STAFF QUALIFICAT IONS LISTED 21
IN PARAGRAPH (1)(I) OF THIS SUBSECTION , THE PREKINDERGARTEN PROVIDER 22
SHALL INCLUDE TEACHE RS WHO ARE CERTIFIED BY: 23
1. THE ASSOCIATION MONTESSORI INTERNATIONALE , 24
USA; 25
2. THE AMERICAN MONTESSORI SOCIETY; OR 26
3. THE MONTESSORI ACCREDITATION COUNCIL FOR 27
TEACHER EDUCATION; 28
6 HOUSE BILL 1305
(II) INSTEAD OF MEETING TH E STUDENT–TO–CLASSROOM 1
PERSONNEL RATIO LIST ED IN PARAGRAPH (1)(III) OF THIS SUBSECTION , THE 2
PREKINDERGARTEN PROV IDER SHALL MAINTAIN A STUDENT –TO–CLASSROOM 3
PERSONNEL RATIO OF NOT MORE THAN 10 TO 1 FOR STUDENTS UNDER T HE AGE OF 4
5 YEARS AND NO MORE THAN 15 TO 1 FOR STUDENTS WHO ARE AT LEAST 5 YEARS 5
OLD; AND 6
(III) INSTEAD OF MEETING TH E CLASSROOM SIZE LIS TED IN 7
PARAGRAPH (1)(IV) OF THIS SUBSECTION , THE PREKINDERGARTEN PROVIDER 8
SHALL MAINTAI N A STUDENT–TO–CLASSROOM AREA RATIO OF 1 TO 35 SQUARE FEET 9
FOR STUDENTS UNDER T HE OF 5 YEARS AND 1 TO 25 SQUARE FEET FOR STUD ENTS 10
WHO ARE AT LEAST 5 YEARS OLD. 11
7–210. 12
(a) Beginning in the 2022–2023 school year, a racially and culturally unbiased 13
statewide kindergarten assessment that is administered with the purpose of measuring 14
school readiness to be used for diagnostic purposes, curriculum development, and early 15
detection of learning challenges shall be given to all incoming kindergarten students in the 16
State and: 17
(1) May include an evaluation of: 18
(i) Language and literacy skills; 19
(ii) Academic knowledge in mathematics, science, and social studies; 20
(iii) Physical development; and 21
(iv) Social development; and 22
(2) Shall be completed on or before October 10 with the aggregate results 23
returned within 45 days after administration of the assessment. 24
(b) (1) Except as provided in paragraph (2) of this subsection, a statewide 25
kindergarten assessment may not be administered to an enrolled prekindergarten student. 26
(2) A statewide kindergarten assessment or early learning assessment may 27
be administered to an enrolled prekindergarten student by a school psychologist or other 28
school–based professional who intends to use the results in order to identify a disability. 29
(d) (1) Before administering the early learning assessment, a county board 30
shall consult with kindergarten teachers, including teachers nominated by the exclusive 31
bargaining representative, in determining how to implement the assessment. 32
(2) A COUNTY BOARD MAY CON SULT WITH A MONTESSORI TEACHER 33 HOUSE BILL 1305 7
IN DETERMINING HOW T O IMPLEMENT THE ASSE SSMENT. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
1, 2022. 3