EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0810* SENATE BILL 810 F5, O4 3lr1134 By: Senator A. Washington Introduced and read first time: February 6, 2023 Assigned to: Finance and Budget and Taxation A BILL ENTITLED AN ACT concerning 1 Maryland Priority Out–of–School Time Program – Alterations 2 FOR the purpose of transferring the Public School Opportunities Enhancement Program 3 from the State Department of Education to the Governor’s Office of Crime 4 Prevention, Youth, and Victim Services and renaming the Program to be the 5 Maryland Priority Out–of–School Time Program; altering certain requirements for 6 awarding grants under the Program; altering the mandated appropriation to the 7 Program beginning in a certain fiscal year; and generally relating to the Maryland 8 Priority Out–of–School Time Program. 9 BY transferring 10 Article – Education 11 Section 7–1701 through 7–1706 and the subtitle “Subtitle 17. Public School 12 Opportunities Enhancement Program” 13 Annotated Code of Maryland 14 (2022 Replacement Volume) 15 to be 16 Article – Human Services 17 Section 8–1501 through 8–1506, respectively, and the subtitle “Subtitle 15. 18 Maryland Priority Out–of–School Time Program” 19 Annotated Code of Maryland 20 (2019 Replacement Volume and 2022 Supplement) 21 BY repealing and reenacting, without amendments, 22 Article – Human Services 23 Section 8–101(a) and (p) 24 Annotated Code of Maryland 25 (2019 Replacement Volume and 2022 Supplement) 26 BY repealing and reenacting, with amendments, 27 Article – Human Services 28 2 SENATE BILL 810 Section 8–1501 through 8–1503, 8–1505, and 8–1506 1 Annotated Code of Maryland 2 (2019 Replacement Volume and 2022 Supplement) 3 (As enacted by Section 1 of this Act) 4 BY repealing 5 Article – Human Services 6 Section 8–1504 7 Annotated Code of Maryland 8 (2019 Replacement Volume and 2022 Supplement) 9 (As enacted by Section 1 of this Act) 10 BY adding to 11 Article – Human Services 12 Section 8–1504 13 Annotated Code of Maryland 14 (2019 Replacement Volume and 2022 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That Section(s) 7–1701 through 7–1706 and the subtitle “Subtitle 17. Public School 17 Opportunities Enhancement Program” of Article – Education of the Annotated Code of 18 Maryland be transferred to be Section(s) 8–1501 through 8–1506, respectively, and the 19 subtitle “Subtitle 15. Maryland Priority Out–of–School Time Program” of Article – Human 20 Services of the Annotated Code of Maryland. 21 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 22 as follows: 23 Article – Human Services 24 8–101. 25 (a) In this title the following words have the meanings indicated. 26 (p) “Office” means the Governor’s Office of Crime Prevention, Youth, and Victim 27 Services. 28 Subtitle 15. Maryland Priority Out–of–School Time Program. 29 8–1501. 30 (a) In this subtitle the following words have the meanings indicated. 31 (b) “Community school” means an existing public school in the State that utilizes 32 a community school strategy that is recognized by the Maryland Out of School Time 33 Network. 34 SENATE BILL 810 3 (c) [“Extended day and summer enhancement program” means an educational 1 and recreational enrichment program for children between the ages of 4 and 19 that takes 2 place: 3 (1) Before and after the school day; 4 (2) On weekends and holidays; and 5 (3) During vacations and summer breaks. 6 (d)] “Grantee” means a local school system, a community school, or a nonprofit 7 organization that receives a [Public School Opportunities Enhancement] MARYLAND 8 PRIORITY OUT–OF–SCHOOL TIME PROGRAM Grant from the [Department] OFFICE. 9 [(e)] (D) “Nonprofit organization” means an organization that is exempt from 10 taxation under § 501(c)(3) of the Internal Revenue Code. 11 (E) “PRIORITY OUT–OF–SCHOOL TIME PROGRAM ” MEANS AN EDUCATIONAL 12 AND RECREATIONAL ENRICHMENT PROGRAM F OR CHILDREN BETWEEN THE AGES 13 OF 4 AND 19 THAT TAKES PLACE : 14 (1) BEFORE AND AFTER THE SCHOOL DAY; 15 (2) ON WEEKENDS AND HOLI DAYS; AND 16 (3) DURING VACATIONS AND SUMMER BREAKS . 17 (f) “Program” means the [Public School Opportunities En hancement] 18 MARYLAND PRIORITY OUT–OF–SCHOOL TIME Program. 19 (g) “Technical assistance” means assistance provided by the Department to: 20 (1) [Identify] IDENTIFY and implement effective practices for [extended 21 day and summer enhancement] PRIORITY OUT–OF–SCHOOL TIME programs; 22 (2) [Ensure] ENSURE that [extended day and summer enhancement ] 23 PRIORITY OUT–OF–SCHOOL TIME programs comply with the Maryland Out–of–School 24 Time Programs’ Quality Standards Framework; and 25 (3) [Ensure] ENSURE that [extended day and summer enhancement ] 26 PRIORITY OUT–OF–SCHOOL TIME programs have an educational component that is age 27 appropriate and aligned with the Maryland College and Career Ready standards. 28 8–1502. 29 4 SENATE BILL 810 (a) There is a [Public School Opportunities Enhancement] MARYLAND 1 PRIORITY OUT–OF–SCHOOL TIME Program. 2 (b) (1) The [Department] OFFICE shall administer the Program. 3 (2) The [Department] OFFICE shall consult with the Department of 4 Natural Resources when reviewing the recreational components of [an extended day and 5 summer enhancement] A PRIORITY OUT–OF–SCHOOL TIME program. 6 (c) (1) (i) On or before December 1, [2016] 2023, the [Department] 7 OFFICE [, in consultation with the Department of Natural Resources,] shall develop a 8 comprehensive plan for [extended day and summer enhancement ] PRIORITY 9 OUT–OF–SCHOOL TIME programs. 10 (ii) The comprehensive plan required by subparagraph (i) of this 11 paragraph shall address: 12 1. [Leveraging] LEVERAGIN G public and private funding 13 sources as well as federal funding sources to support [extended day and summer 14 enhancement] PRIORITY OUT–OF–SCHOOL TIME programs; 15 2. [The] THE special needs of children with disabilities; 16 3. [Using] USING school buildings, public libraries, and local 17 public transportation resources for [extended day and summer enhancement] PRIORITY 18 OUT–OF–SCHOOL TIME programs; 19 4. [Providing] PROVIDING technical assistance to nonprofit 20 organizations; 21 5. [Expanding] EXPANDING the number of high quality 22 [extended day and summer enhancement] PRIORITY OUT–OF–SCHOOL TIME programs 23 in the State; and 24 6. [Integrating] INTEGRATING the plans developed by local 25 jurisdictions to expand the number of high quality [extended day and summer 26 enhancement] PRIORITY OUT–OF–SCHOOL TIME programs. 27 (2) On or before December 1, 2017, and each year thereafter, the 28 [Department, in consultation with the Department of Natural Resources,] OFFICE shall 29 review and update the comprehensive plan required in paragraph (1)(i) of this subsection. 30 (d) (1) The [Department] OFFICE shall use the Maryland Out–of–School 31 Time Programs’ Quality Standards Framework to monitor and assess the quality of the 32 SENATE BILL 810 5 [extended day and summer enhancement] PRIORITY OUT–OF–SCHOOL TIME programs 1 provided by nonprofit organizations that receive funding in accordance with this subtitle. 2 (2) The Maryland Out–of–School Time Programs’ Quality Standards 3 Framework does not supersede applicable child care center licensing regulations. 4 8–1503. 5 (a) There is a [Public School Opportunities Enhancement] MARYLAND 6 PRIORITY OUT–OF–SCHOOL TIME PROGRAM Grant in the Program. 7 (b) (1) The [Department] OFFICE shall develop and administer the grant 8 program to assist: 9 (i) [Local] LOCAL school systems, community schools, and nonprofit 10 organizations in the State in expanding or creating [extended day and summer 11 enhancement] PRIORITY OUT–OF–SCHOOL TIME programs; and 12 (ii) [Nonprofit] NONPROFIT organizations in the State and 13 community schools in expanding or supporting existing educational programming during 14 the school day. 15 (2) (i) The [Department] OFFICE shall establish policies and 16 procedures for the administration of the grant program, including: 17 1. [The] THE grant application process; and 18 2. [Criteria] CRITERIA for awarding grants under this 19 subtitle. 20 (ii) When awarding grants to nonprofit organizations, the 21 [Department] OFFICE shall give priority to: 22 1. Maryland–based nonprofit organizations; and 23 2. [Nonprofit] NONPROFIT organizations operating in 24 Maryland on or before July 1, 2016. 25 (c) (1) A local school system, community school, or a nonprofit organization 26 may apply to the [Department] OFFICE for a grant to: 27 (i) [Expand] EXPAND or create [an extended day and summer 28 enhancement] A PRIORITY OUT–OF–SCHOOL TIME program; OR 29 (ii) [Expand or create a summer enhancement program; or 30 6 SENATE BILL 810 (iii) Establish] ESTABLISH new educational or recreational 1 partnerships with: 2 1. [Local] LOCAL parks and recreation departments; 3 2. [Recreation] RECREATION councils; 4 3. [Local] LOCAL public schools; 5 4. [Public] PUBLIC libraries; 6 5. [Institutions] INSTITUTIONS of higher education; 7 6. [Private] PRIVATE sector businesses; and 8 7. [Other] OTHER nonprofit organizations and foundations. 9 (2) A nonprofit organization may apply to the [Department] OFFICE for a 10 grant to support existing educational programming during the school day, including the 11 recruitment, training, and ongoing professional development of new teachers. 12 (3) A public school is encouraged to partner with nonprofit organizations 13 to provide [extended school day and summer enhancement] PRIORITY OUT–OF–SCHOOL 14 TIME programs for their students. 15 (d) (1) To qualify for a grant awarded in accordance with this subtitle, a 16 grantee shall provide the services listed in subsection (c) of this section in a county in which 17 at least [50%] 60% of public school students as a percentage of full–time equivalent 18 students as defined in § [5–202 of this article] 5–201 OF THE EDUCATION ARTICLE 19 qualify for a free lunch under the National School Lunch Program. 20 (2) The total amount of grants awarded shall be allocated to grantees 21 proportionally based on the number of public schools in each county that meet the eligibility 22 requirement in paragraph (1) of this subsection. 23 (e) (1) The [Department] OFFICE shall select applications that[: 24 (i) Best] BEST incorporate features that will have a positive 25 measurable impact on the conditions of well–being for children and youth as identified by 26 the Maryland Out–of–School Time Programs’ Quality Standards Framework [;], 27 INCLUDING: 28 [(ii)] (I) [For extended day programs, best integrate ] 29 INTEGRATING an educational component that will assist students in meeting academic 30 requirements on grade level; 31 SENATE BILL 810 7 [(iii)] (II) [For summer enhancement programs: 1 1. Provide] PROVIDING learning and enrichment activities 2 that will assist students in achieving at or above grade level in the next school year; [and] 3 [2.] (III) [Expose] EXPOSING students to future learning 4 and life opportunities; [and] 5 (iv) [For educational programming during the school day, enhance: 6 1. The] ENHANCING THE educational purpose of [the] 7 school; [or] 8 [2.] (V) [Students’] ENHANCING STUDENTS’ access to 9 physical, social, and emotional support; AND 10 (VI) PRIORITIZING AT–RISK YOUTH AND VIOLE NCE 11 PREVENTION . 12 (2) The [Department] OFFICE shall give priority to applications that 13 illustrate the ability to leverage private and existing funding sources. 14 (f) (1) A grantee that receives a grant under subsection (c)(1) of this section 15 shall ensure that [an extended school day or summer enhancement ] A PRIORITY 16 OUT–OF–SCHOOL TIME program includes an educational component. 17 (2) A grantee that receives a grant under this subtitle shall provide 18 educational programs that are aligned with the Maryland College and Career–Ready 19 Standards. 20 (g) A local school system that receives a grant under this subtitle shall provide 21 matching funds that are at least equal to the amount of the grant awarded. 22 (h) If a grantee partners with an entity listed in subsection (c)(1)(iii) of this 23 section, the [Department] OFFICE shall ensure that the grantee administers any grants 24 awarded in accordance with this subtitle. 25 [8–1504. 26 (a) For fiscal year 2018, the Governor shall include in the annual budget bill an 27 appropriation of $2,500,000 to the Program. 28 (b) (1) For fiscal year 2019 and each fiscal year thereafter, the Governor shall 29 include in the annual budget bill an appropriation of $3,000,000 to the Program. 30 8 SENATE BILL 810 (2) A grantee that remains eligible for the Program shall receive a grant in 1 the next fiscal year in an amount equal to the grant amount in the current fiscal year.] 2 8–1504. 3 FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 4 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 5 $8,500,000 TO THE PROGRAM. 6 8–1505. 7 On or before December 31 of each year, the [Department] OFFICE shall report to 8 the General Assembly, in accordance with § 2–1257 of the State Government Article, on the 9 implementation of the Program, including an evaluation of the effectiveness of the 10 programs and services funded in accordance with this subtitle. 11 8–1506. 12 The [Department] OFFICE shall adopt regulations to carry out the provisions of this 13 subtitle. 14 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 1, 2023. 16