EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
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Underlining indicates amendments to bill.
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amendment.
*hb1305*
HOUSE BILL 1305
F5 2lr2505
By: Delegate Ivey
Introduced and read first time: February 11, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
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 2 HOUSE BILL 1305
Article – Education 1
7–101.2. 2
(a) (1) In this section the following terms have the meanings indicated. 3
(5) “Program” means the Prekindergarten Expansion Grant Program. 4
(6) “Qualified provider” means: 5
(i) If partnering with a county board under a memorandum of 6
understanding, a State accredited or nationally accredited child care program or a 7
nonpublic school approved by the Department to provide prekindergarten services; and 8
(ii) A county board. 9
(b) (1) There is a grant program known as the Prekindergarten Expansion 10
Grant Program in the State. 11
(c) (1) [Before] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
SUBSECTION, BEFORE approving qualified providers for prekindergarten services to 13
receive a grant under this section, a qualified provider shall certify to the Department that 14
for each classroom funded under this section the provider will: 15
[(1)] (I) Maintain a student–to–classroom personnel ratio of no more 16
than 10 to 1 with a maximum of 20 children per classroom; 17
[(2)] (II) Provide in each classroom at least one teacher certified in early 18
childhood education by the State and at least one teacher’s aide who has at least a high 19
school degree; 20
[(3)] (III) Operate an educational program for: 21
[(i)] 1. 5 days per week; 22
[(ii)] 2. 180 days per year, in accordance with the public school 23
calendar established by the local school board; and 24
[(iii) 1.]3. A. For half–day programs, at least 2.5 hours per day; 25
or 26
[2.] B. For full–day programs, at least 6.5 hours per day; 27
and 28
HOUSE BILL 1305 3
[(4)] (IV) To receive a grant under this section, meet the requirements of § 1
7–1A–04 of this title. 2
(2) BEFORE APPROVING QUAL IFIED PROVIDERS WHO ARE 3
NONPUBLIC MONTESSORI SCHOOLS OR MONTESSORI PROGRAMS IN NONPUBLIC 4
SCHOOLS FOR PREKINDERGARTEN SERVICES TO RECEIVE A GRANT UNDER THIS 5
SECTION, A QUALIFIED PROVIDER SHALL CERTIFY TO THE DEPARTMENT THAT FOR 6
EACH CLASSROOM FUNDE D UNDER THIS SECTION THE PRO VIDER WILL: 7
(I) MEET THE REQUIREMENTS LISTED UNDER PARAGRAPH 8
(1)(III) OF THIS SUBSECTION ; 9
(II) MAINTAIN A STUDENT–TO–CLASSROOM PERSONNEL RATIO 10
OF NOT MORE THAN 10 TO 1 FOR STUDENTS UNDER T HE AGE OF 5 YEARS AND NOT 11
MORE THAN 15 TO 1 FOR STUDENTS WHO ARE AT LEAST 5 YEARS OLD, IN A 12
CLASSROOM THAT CONTA INS BOTH CHILDREN UN DER THE AGE OF 5 YEARS AND 13
CHILDREN AT LEAST 5 YEARS OLD: 14
1. AT LEAST 1 TEACHER AND 1 TEACHER’S AIDE IN 15
EVERY CLASSROOM WITH 25 OR FEWER STUDENTS ; AND 16
2. AT LEAST 1 TEACHER AND 2 TEACHER’S AIDES IN 17
EVERY CLASSROOM WITH AT LEAST 26 AND FEWER THAN 36 STUDENTS; 18
(III) MAINTAIN A STUDENT–TO–CLASSROOM AREA RATIO OF 1 19
TO 35 SQUARE FEET FOR STUD ENTS UNDER THE AGE O F 5 YEARS AND 1 TO 25 20
SQUARE FEET FOR STUD ENTS WHO ARE AT LEAS T 5 YEARS OLD A 21
STUDENT–TO–CLASSROOM AREA RATIO OF 1 TO 30 SQUARE FEET FOR CLAS SES THAT 22
CONTAIN BOTH CHILDRE N UNDER THE AGE OF 5 YEARS AND CHILDREN A T LEAST 5 23
YEARS OLD; AND 24
(IV) ENSURE THAT THE CLASS ROOM TEACHER HOLDS A 25
BACHELOR’S DEGREE AND IS CERTIFIED BY: 26
1. THE ASSOCIATION MONTESSORI INTERNATIONALE , 27
USA; 28
2. THE AMERICAN MONTESSORI SOCIETY; OR 29
3. THE MONTESSORI ACCREDITATION COUNCIL FOR 30
TEACHER EDUCATION. 31
7–1A–01. 32
4 HOUSE BILL 1305
(a) In this subtitle the following words have the meanings indicated. 1
(c) “Eligible prekindergarten provider” includes an: 2
(1) Eligible public provider; and 3
(2) Eligible private provider. 4
(d) “Eligible public provider” means an early learning program that: 5
(1) Is provided by a county board at a public school; and 6
(2) Meets the requirements under § 7–1A–04 of this subtitle. 7
(e) (1) “Eligible private provider” means a community based early learning 8
program that: 9
(i) Is licensed in the State; 10
(ii) Does not charge more tuition for full–day prekindergarten than 11
the cost of quality; and 12
(iii) Meets the requirements under § 7–1A–04 of this subtitle. 13
(2) “Eligible private provider” includes the Ulysses Currie Head Start 14
Program under § 5–231 of this article. 15
7–1A–04. 16
(a) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 17
SUBSECTION, ALL eligible prekindergarten providers shall include structural elements 18
that are evidence–based and nationally recognized as important for ensuring program 19
quality, including: 20
[(1)] (I) Beginning in the 2025–2026 school year: 21
[(i)] 1. High staff qualifications, including teachers who, at a 22
minimum, hold: 23
[1.] A. State certification for teaching in early childhood 24
education; or 25
[2.] B. A bachelor’s degree in any field and are pursuing 26
residency through the Maryland Approved Alternative Preparation Program, which 27
includes early childhood coursework, clinical practice, and evidence of pedagogical content 28
knowledge; and 29 HOUSE BILL 1305 5
[(ii)] 2. Teaching assistants who have at least: 1
[1.] A. A Child Development Associate (CDA) certificate; or 2
[2.] B. An associate’s degree; 3
[(2)] (II) Professional development for all staff; 4
[(3)] (III) A student–to–classroom personnel ratio of no more than 10 to 1 5
in each class; 6
[(4)] (IV) Class sizes of no more than 20 students per classroom; 7
[(5)] (V) A full–day prekindergarten program; 8
[(6)] (VI) Inclusion of students with disabilities to ensure access to and full 9
participation in all program opportunities; 10
[(7)] (VII) For at least 1 year before a student’s enrollment in kindergarten, 11
learning environments that: 12
[(i)] 1. Are aligned with State Early Learning and Development 13
Standards; 14
[(ii)] 2. Use evidence–based curricula; and 15
[(iii)] 3. Use instruction methods that are: 16
[1.] A. Developmentally appropriate; and 17
[2.] B. Culturally and linguistically responsive; 18
[(8)] (VIII) Individualized accommodations and supports for all students; 19
[(9)] (IX) Instructional staff salaries and benefits that are comparable to 20
the salaries and benefits of instructional staff employed by the county board of the county 21
in which the early learning program is located; 22
[(10)] (X) Program evaluation to ensure continuous program improvement; 23
[(11)] (XI) On–site or accessible comprehensive services for students; 24
[(12)] (XII) Community partnerships that promote access to comprehensive 25
services for families of students; and 26 6 HOUSE BILL 1305
[(13)] (XIII) Evidence–based health and safety standards. 1
(2) IF AN ELIGIBLE PREKIN DERGARTEN PROVIDER I S A NONPUBLIC 2
MONTESSORI SCHOOL OR MONTESSORI PROGRAM IN A NONPUBLIC SCHOO L, THE 3
ELIGIBLE PREKINDERGA RTEN PROVIDER SHALL INCLUDE THE STRUCTUR AL 4
ELEMENTS LISTED IN P ARAGRAPH (1) OF THIS SUBSECTION , EXCEPT: 5
(I) INSTEAD OF MEETING TH E STAFF QUALIFICATIO NS LISTED 6
IN PARAGRAPH (1)(I) OF THIS SUBSECTION , THE PREKINDERGARTEN PROVIDER 7
SHALL INCLUDE TEACHE RS WHO HOLD A BACHELOR ’S DEGREE AND ARE CERTIFIED 8
BY: 9
1. THE ASSOCIATION MONTESSORI INTERNATIONALE , 10
USA; 11
2. THE AMERICAN MONTESSORI SOCIETY; OR 12
3. THE MONTESSORI ACCREDITATION COUNCIL FOR 13
TEACHER EDUCATION; 14
(II) INSTEAD OF MEETING TH E STUDENT –TO–CLASSROOM 15
PERSONNEL RATIO LIST ED IN PARAGRAPH (1)(III) OF THIS SUBSECTION , THE 16
PREKINDERGARTEN PROV IDER SHALL MAINTAIN A STUDENT –TO–CLASSROOM 17
PERSONNEL RATIO OF NOT MORE TH AN 10 TO 1 FOR STUDENTS UNDER T HE AGE OF 18
5 YEARS AND NO MORE TH AN 15 TO 1 FOR STUDENTS WHO ARE AT LEAST 5 YEARS 19
OLD, IN A CLASSROOM THAT CONTAINS BOTH CHILDR EN UNDER THE AGE OF 5 YEARS 20
AND CHILDREN AT LEAS T 5 YEARS OLD: 21
1. AT LEAST 1 TEACHER AND 1 TEACHER’S AIDE IN 22
EVERY CLASSROOM WITH 25 OR FEWER STUDENTS ; AND 23
2. AT LEAST 1 TEACHER AND 2 TEACHER’S AIDES IN 24
EVERY CLASSROOM WITH AT LEAST 26 AND FEWER THAN 36 STUDENTS; AND 25
(III) INSTEAD OF MEETING TH E CLASSROOM SIZE LIS TED IN 26
PARAGRAPH (1)(IV) OF THIS SUBSECTION , THE PREKINDERGARTEN PROVIDER 27
SHALL MAINTAIN , IN A CLASSROOM THAT CONTAINS BOTH CHILDR EN UNDER THE 28
AGE OF 5 YEARS AND CHILDREN A T LEAST 5 YEARS OLD , A 29
STUDENT–TO–CLASSROOM AREA RATIO OF 1 TO 35 SQUARE FEET FOR STUDE NTS 30
UNDER THE OF 5 YEARS AND 1 TO 25 SQUARE FEET FOR STUD ENTS WHO ARE AT 31
LEAST 5 YEARS OLD 30. 32
7–210. 33 HOUSE BILL 1305 7
(a) Beginning in the 2022–2023 school year, a racially and culturally unbiased 1
statewide kindergarten assessment that is administered with the purpose of measuring 2
school readiness to be used for diagnostic purposes, curriculum development, and early 3
detection of learning challenges shall be given to all incoming kindergarten students in the 4
State and: 5
(1) May include an evaluation of: 6
(i) Language and literacy skills; 7
(ii) Academic knowledge in mathematics, science, and social studies; 8
(iii) Physical development; and 9
(iv) Social development; and 10
(2) Shall be completed on or before October 10 with the aggregate results 11
returned within 45 days after administration of the assessment. 12
(b) (1) Except as provided in paragraph (2) of this subsection, a statewide 13
kindergarten assessment may not be administered to an enrolled prekindergarten student. 14
(2) A statewide kindergarten assessment or early learning assessment may 15
be administered to an enrolled prekindergarten student by a school psychologist or other 16
school–based professional who intends to use the results in order to identify a disability. 17
(d) (1) Before administering the early learning assessment, a county board 18
shall consult with kindergarten teachers, including teachers nominated by the exclusive 19
bargaining representative, in determining how to implement the assessment. 20
(2) A COUNTY BOARD MAY CON SULT WITH A MONTESSOR I TEACHER 21
IN DETERMINING HOW T O IMPLEMENT THE ASSE SSMENT. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2022. 24