WES MOORE, Governor Ch. 119
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Chapter 119
(House Bill 770)
AN ACT concerning
Publicly Funded Full–Day Prekindergarten Program – Tier I Child – Alteration
of Definition
Blueprint for Maryland’s Future – Publicly Funded Various Policies and
Prekindergarten, Maryland Consortium on Coordinated Community Supports,
and Career Ladder Enrollment and Funding – Alterations
FOR the purpose of delaying the school year by which a public school is required to collect
a certain alternative income eligibility form until after the State Department of
Education has adopted the form in a certain manner; altering the duties of an
assistant principal on the career ladder created by the Blueprint for Maryland’s
Future; delaying the date on which county boards of education must select certain
experts from the career ladder to write curriculum and develop model lessons;
altering the definition of a “Tier I child” who may be enrolled beginning in a certain
school year to a full–day prekindergarten program, to include children with a
disability, children who are homeless youths, and children who are from homes in
which English is not the primary spoken language; to include children who are
homeless youths; authorizing certain children to enroll in full–day prekindergarten
programs beginning in a certain school year, and requiring these children to be
counted as Tier I children for a certain purpose in a certain school year; altering the
membership of the Maryland Consortium on Coordinated Community Supports to
include a school counselor; and generally relating to publicly funded full–day
prekindergarten the Blueprint for Maryland’s Future.
BY repealing and reenacting, with amendments,
Article – Education
Section 5–222(c), 6–1003(b), 6–1004(e), 7–1A–01(i), 7–1A–06, and 7–447.1(d) and (e)
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Education
Section 5–229(a) through (d), 7–1A–01(a), 7–1A–03, and 7–1A–08
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Education
Section 6–1003(b), 6–1004(e), 7–1A–01(i), 7–1A–04(a), and 7–1A–06, and 7–447.1(d)
and (e)
Annotated Code of Maryland
(2022 Replacement Volume) Ch. 119 2023 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
5–222.
(c) (1) [By school year 2022–2023] SUBJECT TO PARAGRAPH (3) OF THIS
SUBSECTION , the State alternative income eligibility form shall be collected by each school
that is participating in the United States Department of Agriculture community eligibility
provision and may be collected by all other schools.
(2) The State alternative income eligibility form shall [be]:
(I) BE developed by the Department [and shall include];
(II) INCLUDE a statement indicating that the income information
requested on the form is used to determine local and State funding for education; AND
(III) BE AVAILABLE IN AN ELEC TRONIC FORMAT AND AL LOW A
FAMILY TO OPT OUT OF RETURNING THE FORM T O THE COLLECTING SCH OOL.
(3) A SCHOOL UNDER PARAGRA PH (1) OF THIS SUBSECTION M AY NOT
BE REQUIRED TO COLLE CT THE STATE ALTERNATIVE INC OME ELIGIBILITY FORM
UNTIL THE SC HOOL YEAR AFTER THE FORM HAS BEEN ADOPTE D BY THE
DEPARTMENT AFTER A PE RIOD OF COMMENT FROM LOCAL SCHOOL SYSTEMS .
5–229.
(a) (1) In this section the following words have the meanings indicated.
(2) “County program amount” means, for each county, the product of the
per pupil amount and the prekindergarten enrollment.
(3) “Family share” means the amount calculated under subsection (e) of
this section rounded to the nearest whole dollar.
(4) “Local share” means, for each county, the result of the county program
amount minus the State share rounded to the nearest whole dollar.
(5) “Per pupil amount” means:
(i) In fiscal year 2023, $10,094;
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(ii) In fiscal year 2024, $11,594;
(iii) In fiscal year 2025, $13,003;
(iv) In fiscal year 2026, $14,473;
(v) In fiscal year 2027, $15,598;
(vi) In fiscal year 2028, $16,811;
(vii) In fiscal year 2029, $18,118;
(viii) In fiscal year 2030, $19,526; and
(ix) In subsequent fiscal years, the per pupil amount for the prior
fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.
(6) “Prekindergarten enrollment” means:
(i) Beginning in fiscal year 2023, the number of Tier I children
enrolled with an eligible prekindergarten provider; and
(ii) Beginning in fiscal year 2025, the number of Tier I and Tier II
children enrolled with an eligible prekindergarten provider.
(7) “State share” means, for each county, rounded to the nearest whole
dollar, the following calculations multiplied by 0.5:
(i) Multiply the per pupil amount by the county’s prekindergarten
enrollment;
(ii) Divide the result calculated under item (i) of this paragraph by
the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per
pupil; and
(iii) Multiply the result calculated under item (ii) of this paragraph
by the result, rounded to seven decimal places, that results from dividing the total program
amount by the sum of all of the results calculated under item (ii) of this paragraph for all
counties.
(8) “Tier I child” has the meaning stated in § 7–1A–01 of this article.
(9) “Tier II child” has the meaning stated in § 7–1A–01 of this article.
(10) “Tier III child” has the meaning stated in § 7–1A–01 of this article.
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(11) “Total program amount” means the product of the per pupil amount and
the statewide prekindergarten enrollment.
(b) To be eligible for public funding, a prekindergarten provider shall comply with
Title 7, Subtitle 1A of this article.
(c) (1) (i) As calculated under subsection (d) of this section, there is a State
share and local share of the per pupil amount for Tier I children.
(ii) There is no family share for Tier I children.
(2) As calculated under subsection (e) of this section and beginning in fiscal
year 2025, there is a State share, local share, and family share of the per pupil amount for
Tier II children.
(3) Tier III children are not eligible for funding under this section.
(d) (1) For public providers, each fiscal year:
(i) The State shall distribute the State share to each county board;
and
(ii) The county board shall distribute to each public provider the
minimum school funding amount for prekindergarten calculated under § 5–234 of this
subtitle.
(2) For private providers, each fiscal year:
(i) The State shall distribute the State share for private providers
to the Department;
(ii) The county shall distribute the local share for private providers
to the Department; and
(iii) The Department shall distribute the State and local share to the
private providers.
6–1003.
(b) (1) An assistant principal is on level three of the career ladder and shall:
(i) Be an NBC teacher; or
(ii) Have an advanced professional certificate for administration.
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(2) Beginning with teachers listed under § 6–1002(f)(3) of this subtitle, as
specified by the State Board, an assistant principal shall:
(i) [Teach in the classroom] PARTICIPATE IN CLASSR OOM
ACTIVITY INVOLVING D IRECT INTERACTIONS W ITH STUDENTS for at least 20% of their
working hours; and
(ii) Spend A PORTION OF the remaining time on other [teacher]
RELATED activities, including:
1. Setting priorities for the subject level departments OR
GRADE LEVELS of the school; and
2. Fulfilling specialized roles, such as head of professional
development.
(3) THE REQUIREMENTS OF P ARAGRAPH (2) OF THIS SUBSECTION
MAY NOT BE CONSTRUED TO REQUIRE THAT AN A SSISTANT PRINCIPAL B E
DESIGNATED AS A TEAC HER OF RECORD .
6–1004.
(e) A WHEN THE CAREER LADDE R UNDER § 6–1002(A) OF THIS SUBTITLE IS
DETERMINED BY THE ACCOUNTABILITY AND IMPLEMENTATION BOARD TO BE WELL
ESTABLISHED THROUGHO UT THE STATE, A county board shall select:
(1) A mentor teacher for induction programs and teacher training
practicums from the teacher leadership track; and
(2) [An] BEGINNING JULY 1, 2026, AN expert to write curriculum and
assessment items and develop model lessons from the distinguished teacher and professor
distinguished teacher tiers of the teacher leadership track.
7–1A–01.
(a) In this subtitle the following words have the meanings indicated.
(i) “Tier I child” means a child:
(1) Who is 3 or 4 years old;
(2) (I) Whose family income is less than or equal to 300% of the federal
poverty level; OR
(II) WHO IS A CHILD WITH A DISABILITY; Ch. 119 2023 LAWS OF MARYLAND
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(III) WHO IS A HOMELESS YOU TH; OR
(IV) WHO IS FROM A HOME IN WHICH ENGLISH IS NOT THE
PRIMARY SPOKEN LANGU AGE; and
(3) Whose family chooses to enroll the child in full–day prekindergarten.
7–1A–03.
(a) Except as provided under subsection (b) of this section, a county board shall
ensure that:
(1) Beginning in the 2022–2023 school year, prekindergarten slots
provided by eligible private providers shall account for at least 30% of the total
prekindergarten slots provided by eligible prekindergarten providers in each county;
(2) The proportion of eligible private provider prekindergarten slots in each
county increases by 5 percentage points every school year, until, in the 2026–2027 school
year, eligible private provider prekindergarten slots account for at least 50% of eligible
prekindergarten provider prekindergarten slots in each county; and
(3) In each year after the 2026–2027 school year, the proportion of eligible
private provider prekindergarten slots in each county shall continue to constitute at least
50% of eligible prekindergarten provider prekindergarten slots in each county.
(b) (1) The Department shall issue a waiver from the requirements of this
section to a county board if:
(i) All families in the county who desire to enroll their eligible
children with eligible prekindergarten providers are able to do so; or
(ii) After reasonable cross–jurisdictional or regional efforts, there
are too few eligible private providers to meet the minimum requirements of this section.
(2) The Department may exclude by annual waiver Tier I children who are
3 years old in a county from the calculation under subsection (a) of this section until the
2029–2030 school year.
(3) The Department may exclude by annual waiver Tier I children who are
4 years old in a county from the calculation under subsection (a) of this section until the
2026–2027 school year.
(4) The Department shall establish waiver application procedures to carry
out the provisions of this subsection.
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7–1A–04.
(a) All eligible prekindergarten providers shall include structural elements that
are evidence–based and nationally recognized as important for ensuring program quality,
including:
(1) Beginning in the 2025–2026 school year:
(i) High staff qualifications, including teachers who, at a minimum,
hold:
1. State certification for teaching in early childhood
education; or
2. 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) Teaching assistants who have at least:
1. A Child Development Associate (CDA) certificate; or
2. An associate’s degree;
(2) Professional development for all staff;
(3) A student–to–classroom personnel ratio of no more than 10 to 1 in each
class;
(4) Class sizes of no more than 20 students per classroom;
(5) A full–day prekindergarten program;
(6) [Inclusion of students with disabilities to ensure access to and full
participation in all program opportunities;
(7)] For at least 1 year before a student’s enrollment in kindergarten,
learning environments that:
(i) Are aligned with State Early Learning and Development
Standards;
(ii) Use evidence–based curricula; and
(iii) Use instruction methods that are: Ch. 119 2023 LAWS OF MARYLAND
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1. Developmentally appropriate; and
2. Culturally and linguistically responsive;
[(8)] (7) Individualized accommodations and supports for all students;
[(9)] (8) 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)] (9) Program evaluation to ensure continuous program improvement;
[(11)] (10) On–site or accessible comprehensive services for students;
[(12)] (11) Community partnerships that promote access to comprehensive
services for families of students; and
[(13)] (12) Evidence–based health and safety standards.
7–1A–06.
(a) (1) Beginning in the 2022–2023 school year, Tier I children who are 3 or 4
years old may be enrolled in a full–day prekindergarten program under this subtitle.
(2) BEGINNING IN THE 2023–2024 SCHOOL YEAR , CHILDREN WHO
ARE 3 OR 4 YEARS OLD MAY ENROLL IN A FULL–DAY PREKINDERGARTEN PROGRAM
UNDER THIS SUBTITLE IF THE CHILDREN ARE :
(I) TIER II CHILDREN; AND
(II) 1. CHILDREN WITH DISABIL ITIES; OR
2. CHILDREN FROM HOMES IN WHIC H ENGLISH IS NOT
THE PRIMARY SPOKEN L ANGUAGE.
(3) IN THE 2023–2024 SCHOOL YEAR ONLY , CHILDREN DESCRIBED
UNDER PARAGRAPH (2) OF THIS SUBSECTION S HALL BE COUNTED AS TIER I
CHILDREN FOR PURPOSE S OF FUNDING ALLOCAT ED UNDER § 5–229 OF THIS
ARTICLE.
(4) BEGINNING IN THE 2024–2025 SCHOOL YEAR , CHILDREN
DESCRIBED UNDER PARA GRAPH (2) OF THIS SUBSECTION S HALL BE COUNTED AS WES MOORE, Governor Ch. 119
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TIER II CHILDREN FOR PURPOSE S OF FUNDING ALLOCAT ED UNDER § 5–229 OF THIS
ARTICLE.
(b) (1) The proportion of enrolled Tier I children who are 3 years old shall
increase annually until all Tier I children who are 3 years old are enrolled in a full–day
prekindergarten program.
(2) The proportion of enrolled Tier I children who are 4 years old shall
increase annually so that all Tier I children who are 4 years old shall be enrolled in a
full–day prekindergarten program.
(c) Beginning EXCEPT AS PROVIDED IN SUBSECTION (A)(2) OF THIS
SECTION, BEGINNING BEGINNING in the 2024–2025 school year, Tier II children may be
enrolled in a full–day prekindergarten program if space is available to encourage
socioeconomic diversity in prekindergarten classrooms.
(d) Priority in expanding prekindergarten slots shall be provided to 3– and 4–year
olds who are[:
(1)] Tier I children[;
(2) Children with disabilities, regardless of income; AND OR
(3) Homeless youth; and
(4) Children from homes in which English is not the primary spoken
language].
(e) The ability of a family to choose the prekindergarten provider in which to
enroll their child does not supersede local authority to set school attendance boundaries.
7–1A–08.
On or before December 1, 2021, and each December 1 thereafter, each county board
shall submit the following information, disaggregated by eligible private and eligible public
providers, to the Department and the Accountability and Implementation Board
established under Title 5, Subtitle 4 of this article:
(1) The number of eligible prekindergarten providers in the county;
(2) The number of eligible prekindergarten providers in the county that, in
the immediately preceding calendar year, expanded to offer prekindergarten programs that
are open for pupil attendance a minimum of 6.5 hours during each school day;
(3) The Maryland EXCELS program quality rating level of each eligible
prekindergarten provider in the county; Ch. 119 2023 LAWS OF MARYLAND
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(4) The participation rate of all county 3– and 4–year olds in eligible
prekindergarten providers established or expanded in accordance with this subtitle,
disaggregated by age and tier, if applicable;
(5) The number and proportion of eligible prekindergarten providers in the
county that are eligible private providers;
(6) A measure of school readiness in accordance with § 7–210 of this title;
and
(7) A demonstration that the expansion of prekindergarten programs in
the county gave priority to:
(i) Children in areas with limited or no access to quality child care,
regardless of family income;
(ii) Tier I children; and
(iii) Students with disabilities, regardless of family income.
7–447.1.
(d) The Consortium consists of:
(1) The following members representing government agencies:
(i) The Secretary of Health, or the Secretary’s designee;
(ii) The Secretary of Human Services, or the Secretary’s designee;
(iii) The Secretary of Juvenile Services, or the Secretary’s designee;
(iv) The State Superintendent of Schools, or the State
Superintendent’s designee;
(v) The Chair of the Commission, or the Chair’s designee;
(vi) The Director of Community Schools in the [State] Department
[of Education], or the Director’s designee;
(vii) One member of the Senate of Maryland, appointed by the
President of the Senate; and
(viii) One member of the House of Delegates, appointed by the Speaker
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(2) The following members representing other organizations and entities:
(i) One member of the Maryland Council on Advancement of
School–Based Health Centers, appointed by the Chair of the Council;
(ii) One county superintendent of schools, designated by the Public
School Superintendents Association of Maryland;
(iii) One member of a county board of education, designated by the
Maryland Association of Boards of Education;
(iv) One teacher who is teaching in the State, designated by the
Maryland State Education Association;
(v) One social worker practicing at a school in the State, designated
by the Maryland Chapter of the National Association of Social Workers;
(vi) One psychologist practicing in a school in the State, designated
by the Maryland School Psychologists Association;
(vii) One representative of nonprofit hospitals, designated by the
Maryland Hospital Association;
(viii) One member of the Commission, designated by the Chair of the
Commission; [and]
(ix) One representative of the Maryland Medical Assistance
Program, designated by the Secretary of Health; AND
(X) ONE SCHOOL COUNSELOR CERTIFIED BY THE
DEPARTMENT UNDER TITLE 6, SUBTITLE 7 OF THIS ARTICLE, DESIGNATED BY THE
MARYLAND SCHOOL COUNSELOR ASSOCIATION;
(3) The following members appointed by the Governor:
(i) One representative of the behavioral health community with
expertise in telehealth;
(ii) One representative of local departments of social services; and
(iii) One representative of local departments of health; and
(4) The following members appointed jointly by the President of the Senate
and the Speaker of the House:
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(i) One individual with expertise in creating a positive classroom
environment;
(ii) One individual with expertise in equity in education; and
(iii) Two members of the public.
(e) (1) This subsection applies only to the members appointed under
subsection (d)(2), (3), and (4) of this section.
(2) A member serves for a term of 4 years beginning on the date of the
member’s appointment and until a successor is appointed and qualifies.
(3) A member may not serve for more than two consecutive terms.
(4) The terms of the members are staggered as required by the terms of the
members serving on the Consortium on July 1, [2022] 2023.
SECTION 2. AND BE IT FURTHER ENACTED, That the term of the initial school
counselor member of the Maryland Consortium on Coordinated Community Supports,
designated under § 7–447.1(d)(2)(x) of the Education Article, as enacted by Section 1 of this
Act, shall expire in 2026.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 24, 2023.