Maryland 2023 2023 Regular Session

Maryland House Bill HB206 Chaptered / Bill

Filed 05/18/2023

                     	WES MOORE, Governor 	Ch. 670 
 
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Chapter 670 
(House Bill 206) 
 
AN ACT concerning 
 
Early Childhood Education – Prekindergarten Programs – Montessori Schools 
and Programs 
 
FOR the purpose of altering the eligibility requirements for the Prekindergarten Expansion 
Grant Program and publicly funded prekindergarten programs to include certain 
operational requirements, staff credentials, and student–to–staff ratios for 
Montessori schools and programs; and generally relating to the inclusion of 
Montessori schools and programs in prekindergarten programs in the State. 
 
BY repealing and reenacting, without amendments, 
 Article – Education 
Section 7–101.2(a)(1), (5), and (6) and (b)(1) and 7–1A–01(a) and (c) through (e) 
 Annotated Code of Maryland 
 (2022 Replacement Volume) 
 
BY adding to 
 Article – Education 
 Section 7–101.2(a)(5) 
 Annotated Code of Maryland 
 (2022 Replacement Volume)  
 
BY repealing and reenacting, with amendments, 
 Article – Education 
Section 7–101.2(c) 7–101.2(a)(5) and (6) and (c) and 7–1A–04(a) 
 Annotated Code of Maryland 
 (2022 Replacement Volume) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Education 
 
7–101.2. 
 
 (a) (1) In this section the following terms have the meanings indicated. 
 
 (5) “MONTESSORI SCHOOL ” HAS THE MEANING STAT ED IN § 6–127 OF 
THIS ARTICLE.  
  Ch. 670 	2023 LAWS OF MARYLAND  
 
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 (5) (6) “Program” means the Prekindergarten Expansion Grant 
Program. 
 
 (6) (7) “Qualified provider” means: 
 
 (i) If partnering with a county board under a memorandum of 
understanding, a State accredited or nationally accredited child care program or a 
nonpublic school approved by the Department to provide prekindergarten services; and 
 
 (ii) A county board. 
 
 (b) (1) There is a grant program known as the Prekindergarten Expansion 
Grant Program in the State. 
 
 (c) (1) [Before] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 
SUBSECTION, BEFORE approving qualified providers for prekindergarten services to 
receive a grant under this section, a qualified provider shall certify to the Department that 
for each classroom funded under this section the provider will: 
 
 [(1)] (I) Maintain a student–to–classroom personnel ratio of no more 
than 10 to 1 with a maximum of 20 children per classroom; 
 
 [(2)] (II) Provide in each classroom at least one teacher certified in early 
childhood education by the State and at least one teacher’s aide who has at least a high 
school degree; 
 
 [(3)] (III) Operate an educational program for: 
 
 [(i)] 1. 5 days per week; 
 
 [(ii)] 2. 180 days per year, in accordance with the public school 
calendar established by the local school board; and 
 
 [(iii) 1.] 3. A. For half–day programs, at least 2.5 hours per day; 
or 
 
 [2.] B. For full–day programs, at least 6.5 hours per day; 
and 
 
 [(4)] (IV) To receive a grant under this section, meet the requirements of § 
7–1A–04 of this title. 
 
 (2) BEFORE APPROVING QUAL IFIED PROVIDERS WHO 	ARE 
MONTESSORI SCHOOLS OR MONTESSORI PROGRAMS F OR PREKINDERGARTEN 
SERVICES TO RECEIVE A GRANT UNDER THIS S ECTION, A QUALIFIED PROVIDER   	WES MOORE, Governor 	Ch. 670 
 
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SHALL CERTIFY TO THE DEPARTMENT THAT FOR E ACH CLASSROOM FUNDED UNDER 
THIS SECTION THE PROVIDER WILL :  
 
 (I) MEET THE REQUIREMENTS UNDER PARAGRAPH (1)(III) OF 
THIS SUBSECTION ; 
 
 (II) MAINTAIN A STUDENT –TO–CLASSROOM PERSONNEL RATIO 
OF NO MORE THAN 10 TO 1 FOR STUDENTS UNDER T HE AGE OF 5 YEARS AND NO 
MORE THAN 15 TO 1 FOR STUDENTS WH O ARE AT LEAST 5 YEARS OLD, WITH A 
MAXIMUM OF 20 STUDENTS PER CLASSRO OM IF ALL OF THE STU DENTS ARE UNDER 
THE AGE OF 5 YEARS; 
 
 (III) MAINTAIN A STUDENT –TO–CLASSROOM PERSONNEL RATIO 
OF NO MORE THAN 14 TO 1, WITH A MAXIMUM OF 28 STUDENTS PER CLASSRO OM IF 
SOME OF THE STUDENTS ARE AT LEAST 5 YEARS OLD; AND 
 
 (III) (IV) REQUIRE A CLASSROOM T EACHER TO BE: 
 
 1. HOLD A BACHELOR ’S DEGREE IN ANY FIEL D; AND 
 
 2. BE CERTIFIED HOLD A MONTESSORI CREDENTIAL 
ISSUED BY:  
 
 1. A. THE ASSOCIATION MONTESSORI INTERNATIONALE , 
USA; 
 
 2. B. THE AMERICAN MONTESSORI SOCIETY; OR 
 
 3. C. THE A PROGRAM ACCREDITED B Y THE MONTESSORI 
ACCREDITATION COUNCIL FOR TEACHER EDUCATION. 
 
7–1A–01.  
 
 (a) In this subtitle the following words have the meanings indicated. 
 
 (c) “Eligible prekindergarten provider” includes an: 
 
 (1) Eligible public provider; and 
 
 (2) Eligible private provider. 
 
 (d) (1) “Eligible private provider” means a community–based early learning 
program that: 
 
 (i) Is licensed in the State;  Ch. 670 	2023 LAWS OF MARYLAND  
 
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 (ii) Does not charge more tuition for full–day prekindergarten than 
the cost of quality; and 
 
 (iii) Meets the requirements under § 7–1A–04 of this subtitle. 
 
 (2) “Eligible private provider” includes the Ulysses Currie Head Start 
Program under § 5–231 of this article. 
 
(e) “Eligible public provider” means an early learning program that: 
 
 (1) Is provided by a county board at a public school; and 
 
 (2) Meets the requirements under § 7–1A–04 of this subtitle. 
 
7–1A–04.  
 
 (a) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 
SUBSECTION, ALL eligible prekindergarten providers shall include structural elements 
that are evidence–based and nationally recognized as important for ensuring program 
quality, including: 
 
 [(1)] (I) Beginning in the 2025–2026 school year: 
 
 [(i)] 1. High staff qualifications, including teachers who, at a 
minimum, hold: 
 
 [1.] A. State certification for teaching in early childhood 
education; or 
 
 [2.] B. A bachelor’s degree in any field and are pursuing 
residency through the Maryland Approved Alternative Preparation Program, which 
includes early childhood coursework, clinical practice, and evidence of pedagogical content 
knowledge; and 
 
 [(ii)] 2. Teaching assistants who have at least: 
 
 [1.] A. A Child Development Associate (CDA) certificate; or 
 
 [2.] B. An associate’s degree; 
 
 [(2)] (II) Professional development for all staff; 
 
 [(3)] (III) A student–to–classroom personnel ratio of no more than 10 to 1 
in each class;   	WES MOORE, Governor 	Ch. 670 
 
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 [(4)] (IV) Class sizes of no more than 20 students per classroom; 
 
 [(5)] (V) A full–day prekindergarten program; 
 
 [(6)] (VI) Inclusion of students with disabilities to ensure access to and full 
participation in all program opportunities; 
 
 [(7)] (VII) For at least 1 year before a student’s enrollment in kindergarten, 
learning environments that: 
 
 [(i)] 1. Are aligned with State Early Learning and Development 
Standards; 
 
 [(ii)] 2. Use evidence–based curricula; and 
 
 [(iii)] 3. Use instruction methods that are: 
 
 [1.] A. Developmentally appropriate; and 
 
 [2.] B. Culturally and linguistically responsive; 
 
 [(8)] (VIII) Individualized accommodations and supports for all students; 
 
 [(9)] (IX) Instructional staff salaries and benefits that are comparable to 
the salaries and benefits of instructional staff employed by the county board of the county 
in which the early learning program is located; 
 
 [(10)] (X) Program evaluation to ensure continuous program improvement; 
 
 [(11)] (XI) On–site or accessible comprehensive services for students; 
 
 [(12)] (XII) Community partnerships that promote access to comprehensive 
services for families of students; and 
 
 [(13)] (XIII) Evidence–based health and safety standards. 
 
 (2) AN ELIGIBLE PREKINDER GARTEN PROVIDER THAT IS A 
MONTESSORI SCHOOL OR MONTESSORI PROGRAM SH ALL INCLUDE ALL OF T HE 
STRUCTURAL ELEMENTS LISTED IN PARAGRAPH (1) OF THIS SUBSECTION E XCEPT 
THE FOLLOWING : 
 
 (I) FOR STAFF QUALIFICATI	ONS, THE ELIGIBLE 
PREKINDERGARTEN PROV IDER SHALL EMPLOY TE ACHERS WHO ARE: 
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 1. HOLD A BACHELOR ’S DEGREE IN ANY FIEL D; AND 
 
 2. ARE CERTIFIED HOLD A MONTESSORI CREDENTIAL 
ISSUED BY: 
 
 1. A. THE ASSOCIATION MONTESSORI INTERNATIONALE , 
USA; 
 
 2. B. THE AMERICAN MONTESSORI SOCIETY; OR 
 
 3. C. THE A PROGRAM ACCREDITED B Y THE MONTESSORI 
ACCREDITATION COUNCIL FOR TEACHER EDUCATION; AND 
 
 (II) FOR THE STUDENT –TO–CLASSROOM PERSONNEL RATIO, 
THE PREKINDERGARTEN PROVIDER SHALL MAINT AIN A STUDENT–TO–CLASSROOM 
PERSONNEL RATIO OF NO: 
 
 1. NO MORE THAN 10 TO 1 FOR STUDENTS UNDER THE 
AGE OF 5 YEARS AND NO MORE TH AN 15 TO 1 FOR STUDENTS WHO ARE AT LEAST 5 
YEARS OLD, WITH A MAXIMUM OF 20 STUDENTS PER CLASSRO OM IF ALL OF THE 
STUDENTS ARE UNDER T HE AGE OF 5 YEARS; AND 
 
 2. NO MORE THAN 14 TO 1, WITH A MAXIMUM OF 28 
STUDENTS PER CLASSROOM IF SOME OF THE STUDENTS ARE AT LEAST 5 YEARS OLD. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2023. 
 
Approved by the Governor, May 16, 2023.