MD
Maryland House Bill HB770

Maryland 2023 Regular Session

Maryland House Bill HB770 Compare Versions

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1- WES MOORE, Governor Ch. 119
21
3-– 1 –
4-Chapter 119
5-(House Bill 770)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0770*
810
9-Publicly Funded Full–Day Prekindergarten Program – Tier I Child – Alteration
10-of Definition
11-Blueprint for Maryland’s Future – Publicly Funded Various Policies and
12-Prekindergarten, Maryland Consortium on Coordinated Community Supports,
13-and Career Ladder Enrollment and Funding – Alterations
11+HOUSE BILL 770
12+F5, O4 EMERGENCY BILL (3lr2357)
13+ENROLLED BILL
14+— Ways and Means/Education, Energy, and the Environment —
15+Introduced by Delegate Atterbeary (By Request – Accountability and
16+Implementation Board)
1417
15-FOR the purpose of delaying the school year by which a public school is required to collect
16-a certain alternative income eligibility form until after the State Department of
17-Education has adopted the form in a certain manner; altering the duties of an
18-assistant principal on the career ladder created by the Blueprint for Maryland’s
19-Future; delaying the date on which county boards of education must select certain
20-experts from the career ladder to write curriculum and develop model lessons;
21-altering the definition of a “Tier I child” who may be enrolled beginning in a certain
22-school year to a full–day prekindergarten program, to include children with a
23-disability, children who are homeless youths, and children who are from homes in
24-which English is not the primary spoken language; to include children who are
25-homeless youths; authorizing certain children to enroll in full–day prekindergarten
26-programs beginning in a certain school year, and requiring these children to be
27-counted as Tier I children for a certain purpose in a certain school year; altering the
28-membership of the Maryland Consortium on Coordinated Community Supports to
29-include a school counselor; and generally relating to publicly funded full–day
30-prekindergarten the Blueprint for Maryland’s Future.
18+Read and Examined by Proofreaders:
3119
32-BY repealing and reenacting, with amendments,
33- Article – Education
34- Section 5–222(c), 6–1003(b), 6–1004(e), 7–1A–01(i), 7–1A–06, and 7–447.1(d) and (e)
35- Annotated Code of Maryland
36- (2022 Replacement Volume)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
3724
38-BY repealing and reenacting, without amendments,
39- Article – Education
40-Section 5–229(a) through (d), 7–1A–01(a), 7–1A–03, and 7–1A–08
41- Annotated Code of Maryland
42- (2022 Replacement Volume)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
4326
44-BY repealing and reenacting, with amendments,
45- Article – Education
46-Section 6–1003(b), 6–1004(e), 7–1A–01(i), 7–1A–04(a), and 7–1A–06, and 7–447.1(d)
47-and (e)
48- Annotated Code of Maryland
49- (2022 Replacement Volume) Ch. 119 2023 LAWS OF MARYLAND
27+_______ day of _______________ at ________________________ o’clock, ________M.
5028
51-– 2 –
29+______________________________________________
30+Speaker.
5231
53- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
54-That the Laws of Maryland read as follows:
32+CHAPTER ______
5533
56-Article – Education
34+AN ACT concerning 1
5735
58-5–222.
36+Publicly Funded Full–Day Prekindergarten Program – Tier I Child – Alteration 2
37+of Definition 3
38+Blueprint for Maryland’s Future – Publicly Funded Various Policies and 4
39+Prekindergarten, Maryland Consortium on Coordinated Community Supports, 5
40+and Career Ladder Enrollment and Funding – Alterations 6
5941
60- (c) (1) [By school year 2022–2023] SUBJECT TO PARAGRAPH (3) OF THIS
61-SUBSECTION , the State alternative income eligibility form shall be collected by each school
62-that is participating in the United States Department of Agriculture community eligibility
63-provision and may be collected by all other schools.
42+FOR the purpose of delaying the school year by which a public school is required to collect 7
43+a certain alternative income eligibility form until after the State Department of 8
44+Education has adopted the form in a certain manner; altering the duties of an 9
45+assistant principal on the career ladder created by the Blueprint for Maryland’s 10
46+Future; delaying the date on which county boards of education must select certain 11
47+experts from the career ladder to write curriculum and develop model lessons; 12
48+altering the definition of a “Tier I child” who may be enrolled beginning in a certain 13
49+school year to a full–day prekindergarten program, to include children with a 14 2 HOUSE BILL 770
6450
65- (2) The State alternative income eligibility form shall [be]:
6651
67- (I) BE developed by the Department [and shall include];
52+disability, children who are homeless youths, and children who are from homes in 1
53+which English is not the primary spoken language; to include children who are 2
54+homeless youths; authorizing certain children to enroll in full–day prekindergarten 3
55+programs beginning in a certain school year, and requiring these children to be 4
56+counted as Tier I children for a certain purpose in a certain school year; altering the 5
57+membership of the Maryland Consortium on Coordinated Community Supports to 6
58+include a school counselor; and generally relating to publicly funded full–day 7
59+prekindergarten the Blueprint for Maryland’s Future. 8
6860
69- (II) INCLUDE a statement indicating that the income information
70-requested on the form is used to determine local and State funding for education; AND
61+BY repealing and reenacting, with amendments, 9
62+ Article – Education 10
63+ Section 5–222(c), 6–1003(b), 6–1004(e), 7–1A–01(i), 7–1A–06, and 7–447.1(d) and (e) 11
64+ Annotated Code of Maryland 12
65+ (2022 Replacement Volume) 13
7166
72- (III) BE AVAILABLE IN AN ELEC TRONIC FORMAT AND AL LOW A
73-FAMILY TO OPT OUT OF RETURNING THE FORM T O THE COLLECTING SCH OOL.
67+BY repealing and reenacting, without amendments, 14
68+ Article – Education 15
69+Section 5–229(a) through (d), 7–1A–01(a), 7–1A–03, and 7–1A–08 16
70+ Annotated Code of Maryland 17
71+ (2022 Replacement Volume) 18
7472
75- (3) A SCHOOL UNDER PARAGRA PH (1) OF THIS SUBSECTION M AY NOT
76-BE REQUIRED TO COLLE CT THE STATE ALTERNATIVE INC OME ELIGIBILITY FORM
77-UNTIL THE SC HOOL YEAR AFTER THE FORM HAS BEEN ADOPTE D BY THE
78-DEPARTMENT AFTER A PE RIOD OF COMMENT FROM LOCAL SCHOOL SYSTEMS .
73+BY repealing and reenacting, with amendments, 19
74+ Article – Education 20
75+Section 6–1003(b), 6–1004(e), 7–1A–01(i), 7–1A–04(a), and 7–1A–06, and 7–447.1(d) 21
76+and (e) 22
77+ Annotated Code of Maryland 23
78+ (2022 Replacement Volume) 24
7979
80-5–229.
80+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
81+That the Laws of Maryland read as follows: 26
8182
82- (a) (1) In this section the following words have the meanings indicated.
83+Article – Education 27
8384
84- (2) “County program amount” means, for each county, the product of the
85-per pupil amount and the prekindergarten enrollment.
85+5–222. 28
8686
87- (3) “Family share” means the amount calculated under subsection (e) of
88-this section rounded to the nearest whole dollar.
87+ (c) (1) [By school year 2022–2023] SUBJECT TO PARAGRAPH (3) OF THIS 29
88+SUBSECTION , the State alternative income eligibility form shall be collected by each school 30
89+that is participating in the United States Department of Agriculture community eligibility 31
90+provision and may be collected by all other schools. 32
8991
90- (4) “Local share” means, for each county, the result of the county program
91-amount minus the State share rounded to the nearest whole dollar.
92+ (2) The State alternative income eligibility form shall [be]: 33
9293
93- (5) “Per pupil amount” means:
94+ (I) BE developed by the Department [and shall include]; 34
9495
95- (i) In fiscal year 2023, $10,094;
96- WES MOORE, Governor Ch. 119
96+ (II) INCLUDE a statement indicating that the income information 35
97+requested on the form is used to determine local and State funding for education; AND 36 HOUSE BILL 770 3
9798
98-– 3 –
99- (ii) In fiscal year 2024, $11,594;
10099
101- (iii) In fiscal year 2025, $13,003;
102100
103- (iv) In fiscal year 2026, $14,473;
101+ (III) BE AVAILABLE IN AN EL ECTRONIC FORMAT AND ALLOW A 1
102+FAMILY TO OPT OUT OF RETURNING THE FORM T O THE COLLECTING SCH OOL. 2
104103
105- (v) In fiscal year 2027, $15,598;
104+ (3) A SCHOOL UNDER PARAGRA PH (1) OF THIS SUBSECTION MAY NOT 3
105+BE REQUIRED TO COLLE CT THE STATE ALTERNATIVE INC OME ELIGIBILITY FORM 4
106+UNTIL THE SCHOOL YEA R AFTER THE FORM HAS BEEN ADOPTED BY THE 5
107+DEPARTMENT AFTER A PE RIOD OF COMMENT FROM LOCAL SCHOOL SYSTEMS . 6
106108
107- (vi) In fiscal year 2028, $16,811;
109+5–229. 7
108110
109- (vii) In fiscal year 2029, $18,118;
111+ (a) (1) In this section the following words have the meanings indicated. 8
110112
111- (viii) In fiscal year 2030, $19,526; and
113+ (2) “County program amount” means, for each county, the product of the 9
114+per pupil amount and the prekindergarten enrollment. 10
112115
113- (ix) In subsequent fiscal years, the per pupil amount for the prior
114-fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
116+ (3) “Family share” means the amount calculated under subsection (e) of 11
117+this section rounded to the nearest whole dollar. 12
115118
116- (6) “Prekindergarten enrollment” means:
119+ (4) “Local share” means, for each county, the result of the county program 13
120+amount minus the State share rounded to the nearest whole dollar. 14
117121
118- (i) Beginning in fiscal year 2023, the number of Tier I children
119-enrolled with an eligible prekindergarten provider; and
122+ (5) “Per pupil amount” means: 15
120123
121- (ii) Beginning in fiscal year 2025, the number of Tier I and Tier II
122-children enrolled with an eligible prekindergarten provider.
124+ (i) In fiscal year 2023, $10,094; 16
123125
124- (7) “State share” means, for each county, rounded to the nearest whole
125-dollar, the following calculations multiplied by 0.5:
126+ (ii) In fiscal year 2024, $11,594; 17
126127
127- (i) Multiply the per pupil amount by the county’s prekindergarten
128-enrollment;
128+ (iii) In fiscal year 2025, $13,003; 18
129129
130- (ii) Divide the result calculated under item (i) of this paragraph by
131-the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per
132-pupil; and
130+ (iv) In fiscal year 2026, $14,473; 19
133131
134- (iii) Multiply the result calculated under item (ii) of this paragraph
135-by the result, rounded to seven decimal places, that results from dividing the total program
136-amount by the sum of all of the results calculated under item (ii) of this paragraph for all
137-counties.
132+ (v) In fiscal year 2027, $15,598; 20
138133
139- (8) “Tier I child” has the meaning stated in § 7–1A–01 of this article.
134+ (vi) In fiscal year 2028, $16,811; 21
140135
141- (9) “Tier II child” has the meaning stated in § 7–1A–01 of this article.
136+ (vii) In fiscal year 2029, $18,118; 22
142137
143- (10) “Tier III child” has the meaning stated in § 7–1A–01 of this article.
144- Ch. 119 2023 LAWS OF MARYLAND
138+ (viii) In fiscal year 2030, $19,526; and 23
145139
146-– 4 –
147- (11) “Total program amount” means the product of the per pupil amount and
148-the statewide prekindergarten enrollment.
140+ (ix) In subsequent fiscal years, the per pupil amount for the prior 24
141+fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. 25
149142
150- (b) To be eligible for public funding, a prekindergarten provider shall comply with
151-Title 7, Subtitle 1A of this article.
143+ (6) “Prekindergarten enrollment” means: 26
144+ 4 HOUSE BILL 770
152145
153- (c) (1) (i) As calculated under subsection (d) of this section, there is a State
154-share and local share of the per pupil amount for Tier I children.
155146
156- (ii) There is no family share for Tier I children.
147+ (i) Beginning in fiscal year 2023, the number of Tier I children 1
148+enrolled with an eligible prekindergarten provider; and 2
157149
158- (2) As calculated under subsection (e) of this section and beginning in fiscal
159-year 2025, there is a State share, local share, and family share of the per pupil amount for
160-Tier II children.
150+ (ii) Beginning in fiscal year 2025, the number of Tier I and Tier II 3
151+children enrolled with an eligible prekindergarten provider. 4
161152
162- (3) Tier III children are not eligible for funding under this section.
153+ (7) “State share” means, for each county, rounded to the nearest whole 5
154+dollar, the following calculations multiplied by 0.5: 6
163155
164- (d) (1) For public providers, each fiscal year:
156+ (i) Multiply the per pupil amount by the county’s prekindergarten 7
157+enrollment; 8
165158
166- (i) The State shall distribute the State share to each county board;
167-and
159+ (ii) Divide the result calculated under item (i) of this paragraph by 9
160+the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per 10
161+pupil; and 11
168162
169- (ii) The county board shall distribute to each public provider the
170-minimum school funding amount for prekindergarten calculated under § 5–234 of this
171-subtitle.
163+ (iii) Multiply the result calculated under item (ii) of this paragraph 12
164+by the result, rounded to seven decimal places, that results from dividing the total program 13
165+amount by the sum of all of the results calculated under item (ii) of this paragraph for all 14
166+counties. 15
172167
173- (2) For private providers, each fiscal year:
168+ (8) “Tier I child” has the meaning stated in § 7–1A–01 of this article. 16
174169
175- (i) The State shall distribute the State share for private providers
176-to the Department;
170+ (9) “Tier II child” has the meaning stated in § 7–1A–01 of this article. 17
177171
178- (ii) The county shall distribute the local share for private providers
179-to the Department; and
172+ (10) “Tier III child” has the meaning stated in § 7–1A–01 of this article. 18
180173
181- (iii) The Department shall distribute the State and local share to the
182-private providers.
174+ (11) “Total program amount” means the product of the per pupil amount and 19
175+the statewide prekindergarten enrollment. 20
183176
184-6–1003.
177+ (b) To be eligible for public funding, a prekindergarten provider shall comply with 21
178+Title 7, Subtitle 1A of this article. 22
185179
186- (b) (1) An assistant principal is on level three of the career ladder and shall:
180+ (c) (1) (i) As calculated under subsection (d) of this section, there is a State 23
181+share and local share of the per pupil amount for Tier I children. 24
187182
188- (i) Be an NBC teacher; or
183+ (ii) There is no family share for Tier I children. 25
189184
190- (ii) Have an advanced professional certificate for administration.
191- WES MOORE, Governor Ch. 119
185+ (2) As calculated under subsection (e) of this section and beginning in fiscal 26
186+year 2025, there is a State share, local share, and family share of the per pupil amount for 27
187+Tier II children. 28
192188
193-– 5 –
194- (2) Beginning with teachers listed under § 6–1002(f)(3) of this subtitle, as
195-specified by the State Board, an assistant principal shall:
189+ (3) Tier III children are not eligible for funding under this section. 29
196190
197- (i) [Teach in the classroom] PARTICIPATE IN CLASSR OOM
198-ACTIVITY INVOLVING D IRECT INTERACTIONS W ITH STUDENTS for at least 20% of their
199-working hours; and
191+ (d) (1) For public providers, each fiscal year: 30
192+ HOUSE BILL 770 5
200193
201- (ii) Spend A PORTION OF the remaining time on other [teacher]
202-RELATED activities, including:
203194
204- 1. Setting priorities for the subject level departments OR
205-GRADE LEVELS of the school; and
195+ (i) The State shall distribute the State share to each county board; 1
196+and 2
206197
207- 2. Fulfilling specialized roles, such as head of professional
208-development.
198+ (ii) The county board shall distribute to each public provider the 3
199+minimum school funding amount for prekindergarten calculated under § 5–234 of this 4
200+subtitle. 5
209201
210- (3) THE REQUIREMENTS OF P ARAGRAPH (2) OF THIS SUBSECTION
211-MAY NOT BE CONSTRUED TO REQUIRE THAT AN A SSISTANT PRINCIPAL B E
212-DESIGNATED AS A TEAC HER OF RECORD .
202+ (2) For private providers, each fiscal year: 6
213203
214-6–1004.
204+ (i) The State shall distribute the State share for private providers 7
205+to the Department; 8
215206
216- (e) A WHEN THE CAREER LADDE R UNDER § 6–1002(A) OF THIS SUBTITLE IS
217-DETERMINED BY THE ACCOUNTABILITY AND IMPLEMENTATION BOARD TO BE WELL
218-ESTABLISHED THROUGHO UT THE STATE, A county board shall select:
207+ (ii) The county shall distribute the local share for private providers 9
208+to the Department; and 10
219209
220- (1) A mentor teacher for induction programs and teacher training
221-practicums from the teacher leadership track; and
210+ (iii) The Department shall distribute the State and local share to the 11
211+private providers. 12
222212
223- (2) [An] BEGINNING JULY 1, 2026, AN expert to write curriculum and
224-assessment items and develop model lessons from the distinguished teacher and professor
225-distinguished teacher tiers of the teacher leadership track.
213+6–1003. 13
226214
227-7–1A–01.
215+ (b) (1) An assistant principal is on level three of the career ladder and shall: 14
228216
229- (a) In this subtitle the following words have the meanings indicated.
217+ (i) Be an NBC teacher; or 15
230218
231- (i) “Tier I child” means a child:
219+ (ii) Have an advanced professional certificate for administration. 16
232220
233- (1) Who is 3 or 4 years old;
221+ (2) Beginning with teachers listed under § 6–1002(f)(3) of this subtitle, as 17
222+specified by the State Board, an assistant principal shall: 18
234223
235- (2) (I) Whose family income is less than or equal to 300% of the federal
236-poverty level; OR
224+ (i) [Teach in the classroom] PARTICIPATE IN CLASSR OOM 19
225+ACTIVITY INVOLVING D IRECT INTERACTIONS W ITH STUDENTS for at least 20% of their 20
226+working hours; and 21
237227
238- (II) WHO IS A CHILD WITH A DISABILITY; Ch. 119 2023 LAWS OF MARYLAND
228+ (ii) Spend A PORTION OF the remaining time on other [teacher] 22
229+RELATED activities, including: 23
239230
240-– 6 –
231+ 1. Setting priorities for the subject level departments OR 24
232+GRADE LEVELS of the school; and 25
241233
242- (III) WHO IS A HOMELESS YOU TH; OR
234+ 2. Fulfilling specialized roles, such as head of professional 26
235+development. 27
243236
244- (IV) WHO IS FROM A HOME IN WHICH ENGLISH IS NOT THE
245-PRIMARY SPOKEN LANGU AGE; and
237+ (3) THE REQUIREMENTS OF P ARAGRAPH (2) OF THIS SUBSECTION 28
238+MAY NOT BE CONSTRUED TO REQUIRE THAT AN ASSISTANT PRINCIP AL BE 29
239+DESIGNATED AS A TEAC HER OF RECORD . 30
240+ 6 HOUSE BILL 770
246241
247- (3) Whose family chooses to enroll the child in full–day prekindergarten.
248242
249-7–1A–03.
243+6–1004. 1
250244
251- (a) Except as provided under subsection (b) of this section, a county board shall
252-ensure that:
245+ (e) A WHEN THE CAREER LADDE R UNDER § 6–1002(A) OF THIS SUBTITLE IS 2
246+DETERMINED BY THE ACCOUNTABILITY AND IMPLEMENTATION BOARD TO BE WELL 3
247+ESTABLISHED THROUGHO UT THE STATE, A county board shall select: 4
253248
254- (1) Beginning in the 2022–2023 school year, prekindergarten slots
255-provided by eligible private providers shall account for at least 30% of the total
256-prekindergarten slots provided by eligible prekindergarten providers in each county;
249+ (1) A mentor teacher for induction programs and teacher training 5
250+practicums from the teacher leadership track; and 6
257251
258- (2) The proportion of eligible private provider prekindergarten slots in each
259-county increases by 5 percentage points every school year, until, in the 2026–2027 school
260-year, eligible private provider prekindergarten slots account for at least 50% of eligible
261-prekindergarten provider prekindergarten slots in each county; and
252+ (2) [An] BEGINNING JULY 1, 2026, AN expert to write curriculum and 7
253+assessment items and develop model lessons from the distinguished teacher and professor 8
254+distinguished teacher tiers of the teacher leadership track. 9
262255
263- (3) In each year after the 2026–2027 school year, the proportion of eligible
264-private provider prekindergarten slots in each county shall continue to constitute at least
265-50% of eligible prekindergarten provider prekindergarten slots in each county.
256+7–1A–01. 10
266257
267- (b) (1) The Department shall issue a waiver from the requirements of this
268-section to a county board if:
258+ (a) In this subtitle the following words have the meanings indicated. 11
269259
270- (i) All families in the county who desire to enroll their eligible
271-children with eligible prekindergarten providers are able to do so; or
260+ (i) “Tier I child” means a child: 12
272261
273- (ii) After reasonable cross–jurisdictional or regional efforts, there
274-are too few eligible private providers to meet the minimum requirements of this section.
262+ (1) Who is 3 or 4 years old; 13
275263
276- (2) The Department may exclude by annual waiver Tier I children who are
277-3 years old in a county from the calculation under subsection (a) of this section until the
278-2029–2030 school year.
264+ (2) (I) Whose family income is less than or equal to 300% of the federal 14
265+poverty level; OR 15
279266
280- (3) The Department may exclude by annual waiver Tier I children who are
281-4 years old in a county from the calculation under subsection (a) of this section until the
282-2026–2027 school year.
267+ (II) WHO IS A CHILD WITH A DISABILITY; 16
283268
284- (4) The Department shall establish waiver application procedures to carry
285-out the provisions of this subsection.
286- WES MOORE, Governor Ch. 119
269+ (III) WHO IS A HOMELESS YOU TH; OR 17
287270
288-– 7 –
289-7–1A–04.
271+ (IV) WHO IS FROM A HOME IN WHICH ENGLISH IS NOT THE 18
272+PRIMARY SPOKEN LANGU AGE; and 19
290273
291- (a) All eligible prekindergarten providers shall include structural elements that
292-are evidence–based and nationally recognized as important for ensuring program quality,
293-including:
274+ (3) Whose family chooses to enroll the child in full–day prekindergarten. 20
294275
295- (1) Beginning in the 2025–2026 school year:
276+7–1A–03. 21
296277
297- (i) High staff qualifications, including teachers who, at a minimum,
298-hold:
278+ (a) Except as provided under subsection (b) of this section, a county board shall 22
279+ensure that: 23
299280
300- 1. State certification for teaching in early childhood
301-education; or
281+ (1) Beginning in the 2022–2023 school year, prekindergarten slots 24
282+provided by eligible private providers shall account for at least 30% of the total 25
283+prekindergarten slots provided by eligible prekindergarten providers in each county; 26
302284
303- 2. A bachelor’s degree in any field and are pursuing
304-residency through the Maryland Approved Alternative Preparation Program, which
305-includes early childhood coursework, clinical practice, and evidence of pedagogical content
306-knowledge; and
285+ (2) The proportion of eligible private provider prekindergarten slots in each 27
286+county increases by 5 percentage points every school year, until, in the 2026–2027 school 28
287+year, eligible private provider prekindergarten slots account for at least 50% of eligible 29
288+prekindergarten provider prekindergarten slots in each county; and 30 HOUSE BILL 770 7
307289
308- (ii) Teaching assistants who have at least:
309290
310- 1. A Child Development Associate (CDA) certificate; or
311291
312- 2. An associate’s degree;
292+ (3) In each year after the 2026–2027 school year, the proportion of eligible 1
293+private provider prekindergarten slots in each county shall continue to constitute at least 2
294+50% of eligible prekindergarten provider prekindergarten slots in each county. 3
313295
314- (2) Professional development for all staff;
296+ (b) (1) The Department shall issue a waiver from the requirements of this 4
297+section to a county board if: 5
315298
316- (3) A student–to–classroom personnel ratio of no more than 10 to 1 in each
317-class;
299+ (i) All families in the county who desire to enroll their eligible 6
300+children with eligible prekindergarten providers are able to do so; or 7
318301
319- (4) Class sizes of no more than 20 students per classroom;
302+ (ii) After reasonable cross–jurisdictional or regional efforts, there 8
303+are too few eligible private providers to meet the minimum requirements of this section. 9
320304
321- (5) A full–day prekindergarten program;
305+ (2) The Department may exclude by annual waiver Tier I children who are 10
306+3 years old in a county from the calculation under subsection (a) of this section until the 11
307+2029–2030 school year. 12
322308
323- (6) [Inclusion of students with disabilities to ensure access to and full
324-participation in all program opportunities;
309+ (3) The Department may exclude by annual waiver Tier I children who are 13
310+4 years old in a county from the calculation under subsection (a) of this section until the 14
311+2026–2027 school year. 15
325312
326- (7)] For at least 1 year before a student’s enrollment in kindergarten,
327-learning environments that:
313+ (4) The Department shall establish waiver application procedures to carry 16
314+out the provisions of this subsection. 17
328315
329- (i) Are aligned with State Early Learning and Development
330-Standards;
316+7–1A–04. 18
331317
332- (ii) Use evidence–based curricula; and
318+ (a) All eligible prekindergarten providers shall include structural elements that 19
319+are evidence–based and nationally recognized as important for ensuring program quality, 20
320+including: 21
333321
334- (iii) Use instruction methods that are: Ch. 119 2023 LAWS OF MARYLAND
322+ (1) Beginning in the 2025–2026 school year: 22
335323
336-– 8 –
324+ (i) High staff qualifications, including teachers who, at a minimum, 23
325+hold: 24
337326
338- 1. Developmentally appropriate; and
327+ 1. State certification for teaching in early childhood 25
328+education; or 26
339329
340- 2. Culturally and linguistically responsive;
330+ 2. A bachelor’s degree in any field and are pursuing 27
331+residency through the Maryland Approved Alternative Preparation Program, which 28
332+includes early childhood coursework, clinical practice, and evidence of pedagogical content 29
333+knowledge; and 30
341334
342- [(8)] (7) Individualized accommodations and supports for all students;
335+ (ii) Teaching assistants who have at least: 31
343336
344- [(9)] (8) Instructional staff salaries and benefits that are comparable to
345-the salaries and benefits of instructional staff employed by the county board of the county
346-in which the early learning program is located;
337+ 1. A Child Development Associate (CDA) certificate; or 32 8 HOUSE BILL 770
347338
348- [(10)] (9) Program evaluation to ensure continuous program improvement;
349339
350- [(11)] (10) On–site or accessible comprehensive services for students;
351340
352- [(12)] (11) Community partnerships that promote access to comprehensive
353-services for families of students; and
341+ 2. An associate’s degree; 1
354342
355- [(13)] (12) Evidence–based health and safety standards.
343+ (2) Professional development for all staff; 2
356344
357-7–1A–06.
345+ (3) A student–to–classroom personnel ratio of no more than 10 to 1 in each 3
346+class; 4
358347
359- (a) (1) Beginning in the 2022–2023 school year, Tier I children who are 3 or 4
360-years old may be enrolled in a full–day prekindergarten program under this subtitle.
348+ (4) Class sizes of no more than 20 students per classroom; 5
361349
362- (2) BEGINNING IN THE 2023–2024 SCHOOL YEAR , CHILDREN WHO
363-ARE 3 OR 4 YEARS OLD MAY ENROLL IN A FULL–DAY PREKINDERGARTEN PROGRAM
364-UNDER THIS SUBTITLE IF THE CHILDREN ARE :
350+ (5) A full–day prekindergarten program; 6
365351
366- (I) TIER II CHILDREN; AND
352+ (6) [Inclusion of students with disabilities to ensure access to and full 7
353+participation in all program opportunities; 8
367354
368- (II) 1. CHILDREN WITH DISABIL ITIES; OR
355+ (7)] For at least 1 year before a student’s enrollment in kindergarten, 9
356+learning environments that: 10
369357
370- 2. CHILDREN FROM HOMES IN WHIC H ENGLISH IS NOT
371-THE PRIMARY SPOKEN L ANGUAGE.
358+ (i) Are aligned with State Early Learning and Development 11
359+Standards; 12
372360
373- (3) IN THE 2023–2024 SCHOOL YEAR ONLY , CHILDREN DESCRIBED
374-UNDER PARAGRAPH (2) OF THIS SUBSECTION S HALL BE COUNTED AS TIER I
375-CHILDREN FOR PURPOSE S OF FUNDING ALLOCAT ED UNDER § 5–229 OF THIS
376-ARTICLE.
361+ (ii) Use evidence–based curricula; and 13
377362
378- (4) BEGINNING IN THE 2024–2025 SCHOOL YEAR , CHILDREN
379-DESCRIBED UNDER PARA GRAPH (2) OF THIS SUBSECTION S HALL BE COUNTED AS WES MOORE, Governor Ch. 119
363+ (iii) Use instruction methods that are: 14
380364
381-– 9 –
382-TIER II CHILDREN FOR PURPOSE S OF FUNDING ALLOCAT ED UNDER § 5–229 OF THIS
383-ARTICLE.
365+ 1. Developmentally appropriate; and 15
384366
385- (b) (1) The proportion of enrolled Tier I children who are 3 years old shall
386-increase annually until all Tier I children who are 3 years old are enrolled in a full–day
387-prekindergarten program.
367+ 2. Culturally and linguistically responsive; 16
388368
389- (2) The proportion of enrolled Tier I children who are 4 years old shall
390-increase annually so that all Tier I children who are 4 years old shall be enrolled in a
391-full–day prekindergarten program.
369+ [(8)] (7) Individualized accommodations and supports for all students; 17
392370
393- (c) Beginning EXCEPT AS PROVIDED IN SUBSECTION (A)(2) OF THIS
394-SECTION, BEGINNING BEGINNING in the 2024–2025 school year, Tier II children may be
395-enrolled in a full–day prekindergarten program if space is available to encourage
396-socioeconomic diversity in prekindergarten classrooms.
371+ [(9)] (8) Instructional staff salaries and benefits that are comparable to 18
372+the salaries and benefits of instructional staff employed by the county board of the county 19
373+in which the early learning program is located; 20
397374
398- (d) Priority in expanding prekindergarten slots shall be provided to 3– and 4–year
399-olds who are[:
375+ [(10)] (9) Program evaluation to ensure continuous program improvement; 21
400376
401- (1)] Tier I children[;
377+ [(11)] (10) On–site or accessible comprehensive services for students; 22
402378
403- (2) Children with disabilities, regardless of income; AND OR
379+ [(12)] (11) Community partnerships that promote access to comprehensive 23
380+services for families of students; and 24
404381
405- (3) Homeless youth; and
382+ [(13)] (12) Evidence–based health and safety standards. 25
406383
407- (4) Children from homes in which English is not the primary spoken
408-language].
384+7–1A–06. 26
385+ HOUSE BILL 770 9
409386
410- (e) The ability of a family to choose the prekindergarten provider in which to
411-enroll their child does not supersede local authority to set school attendance boundaries.
412387
413-7–1A–08.
388+ (a) (1) Beginning in the 2022–2023 school year, Tier I children who are 3 or 4 1
389+years old may be enrolled in a full–day prekindergarten program under this subtitle. 2
414390
415- On or before December 1, 2021, and each December 1 thereafter, each county board
416-shall submit the following information, disaggregated by eligible private and eligible public
417-providers, to the Department and the Accountability and Implementation Board
418-established under Title 5, Subtitle 4 of this article:
391+ (2) BEGINNING IN THE 2023–2024 SCHOOL YEAR , CHILDREN WHO 3
392+ARE 3 OR 4 YEARS OLD MAY ENROLL IN A FULL–DAY PREKINDERGARTEN PROGRAM 4
393+UNDER THIS SUBTITLE IF THE CHILDREN ARE : 5
419394
420- (1) The number of eligible prekindergarten providers in the county;
395+ (I) TIER II CHILDREN; AND 6
421396
422- (2) The number of eligible prekindergarten providers in the county that, in
423-the immediately preceding calendar year, expanded to offer prekindergarten programs that
424-are open for pupil attendance a minimum of 6.5 hours during each school day;
397+ (II) 1. CHILDREN WITH DISABIL ITIES; OR 7
425398
426- (3) The Maryland EXCELS program quality rating level of each eligible
427-prekindergarten provider in the county; Ch. 119 2023 LAWS OF MARYLAND
399+ 2. CHILDREN FROM HOMES I N WHICH ENGLISH IS NOT 8
400+THE PRIMARY SPOKEN L ANGUAGE. 9
428401
429-– 10 –
402+ (3) IN THE 2023–2024 SCHOOL YEAR ONLY , CHILDREN DESCRIBED 10
403+UNDER PARAGRAPH (2) OF THIS SUBSECTION S HALL BE COUNTED AS TIER I 11
404+CHILDREN FOR PURPOSE S OF FUNDING ALLOCAT ED UNDER § 5–229 OF THIS 12
405+ARTICLE. 13
430406
431- (4) The participation rate of all county 3– and 4–year olds in eligible
432-prekindergarten providers established or expanded in accordance with this subtitle,
433-disaggregated by age and tier, if applicable;
407+ (4) BEGINNING IN THE 2024–2025 SCHOOL YEAR , CHILDREN 14
408+DESCRIBED UNDER PARA GRAPH (2) OF THIS SUBSECTION S HALL BE COUNTED AS 15
409+TIER II CHILDREN FOR PURPOSE S OF FUNDING ALLOCAT ED UNDER § 5–229 OF THIS 16
410+ARTICLE. 17
434411
435- (5) The number and proportion of eligible prekindergarten providers in the
436-county that are eligible private providers;
412+ (b) (1) The proportion of enrolled Tier I children who are 3 years old shall 18
413+increase annually until all Tier I children who are 3 years old are enrolled in a full–day 19
414+prekindergarten program. 20
437415
438- (6) A measure of school readiness in accordance with § 7–210 of this title;
439-and
416+ (2) The proportion of enrolled Tier I children who are 4 years old shall 21
417+increase annually so that all Tier I children who are 4 years old shall be enrolled in a 22
418+full–day prekindergarten program. 23
440419
441- (7) A demonstration that the expansion of prekindergarten programs in
442-the county gave priority to:
420+ (c) Beginning EXCEPT AS PROVIDED IN SUBSECTION (A)(2) OF THIS 24
421+SECTION, BEGINNING BEGINNING in the 2024–2025 school year, Tier II children may be 25
422+enrolled in a full–day prekindergarten program if space is available to encourage 26
423+socioeconomic diversity in prekindergarten classrooms. 27
443424
444- (i) Children in areas with limited or no access to quality child care,
445-regardless of family income;
425+ (d) Priority in expanding prekindergarten slots shall be provided to 3– and 4–year 28
426+olds who are[: 29
446427
447- (ii) Tier I children; and
428+ (1)] Tier I children[; 30
448429
449- (iii) Students with disabilities, regardless of family income.
430+ (2) Children with disabilities, regardless of income; AND OR 31
450431
451-7–447.1.
432+ (3) Homeless youth; and 32 10 HOUSE BILL 770
452433
453- (d) The Consortium consists of:
454434
455- (1) The following members representing government agencies:
456435
457- (i) The Secretary of Health, or the Secretary’s designee;
436+ (4) Children from homes in which English is not the primary spoken 1
437+language]. 2
458438
459- (ii) The Secretary of Human Services, or the Secretary’s designee;
439+ (e) The ability of a family to choose the prekindergarten provider in which to 3
440+enroll their child does not supersede local authority to set school attendance boundaries. 4
460441
461- (iii) The Secretary of Juvenile Services, or the Secretary’s designee;
442+7–1A–08. 5
462443
463- (iv) The State Superintendent of Schools, or the State
464-Superintendent’s designee;
444+ On or before December 1, 2021, and each December 1 thereafter, each county board 6
445+shall submit the following information, disaggregated by eligible private and eligible public 7
446+providers, to the Department and the Accountability and Implementation Board 8
447+established under Title 5, Subtitle 4 of this article: 9
465448
466- (v) The Chair of the Commission, or the Chair’s designee;
449+ (1) The number of eligible prekindergarten providers in the county; 10
467450
468- (vi) The Director of Community Schools in the [State] Department
469-[of Education], or the Director’s designee;
451+ (2) The number of eligible prekindergarten providers in the county that, in 11
452+the immediately preceding calendar year, expanded to offer prekindergarten programs that 12
453+are open for pupil attendance a minimum of 6.5 hours during each school day; 13
470454
471- (vii) One member of the Senate of Maryland, appointed by the
472-President of the Senate; and
455+ (3) The Maryland EXCELS program quality rating level of each eligible 14
456+prekindergarten provider in the county; 15
473457
474- (viii) One member of the House of Delegates, appointed by the Speaker
475-of the House; WES MOORE, Governor Ch. 119
458+ (4) The participation rate of all county 3– and 4–year olds in eligible 16
459+prekindergarten providers established or expanded in accordance with this subtitle, 17
460+disaggregated by age and tier, if applicable; 18
476461
477-– 11 –
462+ (5) The number and proportion of eligible prekindergarten providers in the 19
463+county that are eligible private providers; 20
478464
479- (2) The following members representing other organizations and entities:
465+ (6) A measure of school readiness in accordance with § 7–210 of this title; 21
466+and 22
480467
481- (i) One member of the Maryland Council on Advancement of
482-School–Based Health Centers, appointed by the Chair of the Council;
468+ (7) A demonstration that the expansion of prekindergarten programs in 23
469+the county gave priority to: 24
483470
484- (ii) One county superintendent of schools, designated by the Public
485-School Superintendents Association of Maryland;
471+ (i) Children in areas with limited or no access to quality child care, 25
472+regardless of family income; 26
486473
487- (iii) One member of a county board of education, designated by the
488-Maryland Association of Boards of Education;
474+ (ii) Tier I children; and 27
489475
490- (iv) One teacher who is teaching in the State, designated by the
491-Maryland State Education Association;
476+ (iii) Students with disabilities, regardless of family income. 28
492477
493- (v) One social worker practicing at a school in the State, designated
494-by the Maryland Chapter of the National Association of Social Workers;
478+7–447.1. 29
495479
496- (vi) One psychologist practicing in a school in the State, designated
497-by the Maryland School Psychologists Association;
480+ (d) The Consortium consists of: 30
481+ HOUSE BILL 770 11
498482
499- (vii) One representative of nonprofit hospitals, designated by the
500-Maryland Hospital Association;
501483
502- (viii) One member of the Commission, designated by the Chair of the
503-Commission; [and]
484+ (1) The following members representing government agencies: 1
504485
505- (ix) One representative of the Maryland Medical Assistance
506-Program, designated by the Secretary of Health; AND
486+ (i) The Secretary of Health, or the Secretary’s designee; 2
507487
508- (X) ONE SCHOOL COUNSELOR CERTIFIED BY THE
509-DEPARTMENT UNDER TITLE 6, SUBTITLE 7 OF THIS ARTICLE, DESIGNATED BY THE
510-MARYLAND SCHOOL COUNSELOR ASSOCIATION;
488+ (ii) The Secretary of Human Services, or the Secretary’s designee; 3
511489
512- (3) The following members appointed by the Governor:
490+ (iii) The Secretary of Juvenile Services, or the Secretary’s designee; 4
513491
514- (i) One representative of the behavioral health community with
515-expertise in telehealth;
492+ (iv) The State Superintendent of Schools, or the State 5
493+Superintendent’s designee; 6
516494
517- (ii) One representative of local departments of social services; and
495+ (v) The Chair of the Commission, or the Chair’s designee; 7
518496
519- (iii) One representative of local departments of health; and
497+ (vi) The Director of Community Schools in the [State] Department 8
498+[of Education], or the Director’s designee; 9
520499
521- (4) The following members appointed jointly by the President of the Senate
522-and the Speaker of the House:
523- Ch. 119 2023 LAWS OF MARYLAND
500+ (vii) One member of the Senate of Maryland, appointed by the 10
501+President of the Senate; and 11
524502
525-– 12 –
526- (i) One individual with expertise in creating a positive classroom
527-environment;
503+ (viii) One member of the House of Delegates, appointed by the Speaker 12
504+of the House; 13
528505
529- (ii) One individual with expertise in equity in education; and
506+ (2) The following members representing other organizations and entities: 14
530507
531- (iii) Two members of the public.
508+ (i) One member of the Maryland Council on Advancement of 15
509+School–Based Health Centers, appointed by the Chair of the Council; 16
532510
533- (e) (1) This subsection applies only to the members appointed under
534-subsection (d)(2), (3), and (4) of this section.
511+ (ii) One county superintendent of schools, designated by the Public 17
512+School Superintendents Association of Maryland; 18
535513
536- (2) A member serves for a term of 4 years beginning on the date of the
537-member’s appointment and until a successor is appointed and qualifies.
514+ (iii) One member of a county board of education, designated by the 19
515+Maryland Association of Boards of Education; 20
538516
539- (3) A member may not serve for more than two consecutive terms.
517+ (iv) One teacher who is teaching in the State, designated by the 21
518+Maryland State Education Association; 22
540519
541- (4) The terms of the members are staggered as required by the terms of the
542-members serving on the Consortium on July 1, [2022] 2023.
520+ (v) One social worker practicing at a school in the State, designated 23
521+by the Maryland Chapter of the National Association of Social Workers; 24
543522
544- SECTION 2. AND BE IT FURTHER ENACTED, That the term of the initial school
545-counselor member of the Maryland Consortium on Coordinated Community Supports,
546-designated under § 7–447.1(d)(2)(x) of the Education Article, as enacted by Section 1 of this
547-Act, shall expire in 2026.
523+ (vi) One psychologist practicing in a school in the State, designated 25
524+by the Maryland School Psychologists Association; 26
548525
549- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
550-measure, is necessary for the immediate preservation of the public health or safety, has
551-been passed by a yea and nay vote supported by three–fifths of all the members elected to
552-each of the two Houses of the General Assembly, and shall take effect from the date it is
553-enacted.
526+ (vii) One representative of nonprofit hospitals, designated by the 27
527+Maryland Hospital Association; 28
528+ 12 HOUSE BILL 770
554529
555-Approved by the Governor, April 24, 2023.
530+
531+ (viii) One member of the Commission, designated by the Chair of the 1
532+Commission; [and] 2
533+
534+ (ix) One representative of the Maryland Medical Assistance 3
535+Program, designated by the Secretary of Health; AND 4
536+
537+ (X) ONE SCHOOL COUNSELOR CERTIFIED BY THE 5
538+DEPARTMENT UNDER TITLE 6, SUBTITLE 7 OF THIS ARTICLE, DESIGNATED BY THE 6
539+MARYLAND SCHOOL COUNSELOR ASSOCIATION; 7
540+
541+ (3) The following members appointed by the Governor: 8
542+
543+ (i) One representative of the behavioral health community with 9
544+expertise in telehealth; 10
545+
546+ (ii) One representative of local departments of social services; and 11
547+
548+ (iii) One representative of local departments of health; and 12
549+
550+ (4) The following members appointed jointly by the President of the Senate 13
551+and the Speaker of the House: 14
552+
553+ (i) One individual with expertise in creating a positive classroom 15
554+environment; 16
555+
556+ (ii) One individual with expertise in equity in education; and 17
557+
558+ (iii) Two members of the public. 18
559+
560+ (e) (1) This subsection applies only to the members appointed under 19
561+subsection (d)(2), (3), and (4) of this section. 20
562+
563+ (2) A member serves for a term of 4 years beginning on the date of the 21
564+member’s appointment and until a successor is appointed and qualifies. 22
565+
566+ (3) A member may not serve for more than two consecutive terms. 23
567+
568+ (4) The terms of the members are staggered as required by the terms of the 24
569+members serving on the Consortium on July 1, [2022] 2023. 25
570+
571+ SECTION 2. AND BE IT FURTHER ENACTED, That the term of the initial school 26
572+counselor member of the Maryland Consortium on Coordinated Community Supports, 27
573+designated under § 7–447.1(d)(2)(x) of the Education Article, as enacted by Section 1 of this 28
574+Act, shall expire in 2026. 29
575+ HOUSE BILL 770 13
576+
577+
578+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 1
579+measure, is necessary for the immediate preservation of the public health or safety, has 2
580+been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
581+each of the two Houses of the General Assembly, and shall take effect from the date it is 4
582+enacted. 5
583+
584+
585+
586+
587+
588+Approved:
589+________________________________________________________________________________
590+ Governor.
591+________________________________________________________________________________
592+ Speaker of the House of Delegates.
593+________________________________________________________________________________
594+ President of the Senate.