EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1432*
HOUSE BILL 1432
F1 4lr2230
CF SB 1062
By: Delegates Miller, Adams, Arentz, Baker, Bouchat, Buckel, Chisholm, Griffith,
Hartman, Hinebaugh, Hornberger, Howard, Hutchinson, Jacobs, Kipke,
Mangione, McComas, T. Morgan, Munoz, Otto, Pippy, Reilly, Rose, Schmidt,
Stonko, Tomlinson, Valentine, and Wivell
Introduced and read first time: February 9, 2024
Assigned to: Appropriations and Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Education – Prekindergarten and Withholding of County Board Funding 2
(Blueprint Accountability and Flexibility Act of 2024) 3
FOR the purpose of altering certain dates related to the family share for Tier II children in 4
publicly funded prekindergarten; altering certain dates related to the proportion of 5
eligible private provider prekindergarten slots; repealing the authorization for the 6
State Department of Education to exclude by annual waiver Tier I children who are 7
4 years old from a certain prekindergarten slot calculation; establishing a process for 8
the Accountability and Implementation Board to withhold certain funding from a 9
county board of education under certain circumstances; and generally relating to 10
publicly funded prekindergarten and county board of education funding. 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 5–229(a), (c), and (e), 7–1A–03, and 7–1A–04(a) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – Education 18
Section 5–415 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Education 24 2 HOUSE BILL 1432
5–229. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “County program amount” means, for each county, the product of the 3
per pupil amount and the prekindergarten enrollment. 4
(3) “Family share” means the amount calculated under subsection (e) of 5
this section rounded to the nearest whole dollar. 6
(4) “Local share” means, for each county, the result of the county program 7
amount minus the State share rounded to the nearest whole dollar. 8
(5) “Per pupil amount” means: 9
(i) In fiscal year 2023, $10,094; 10
(ii) In fiscal year 2024, $11,594; 11
(iii) In fiscal year 2025, $13,003; 12
(iv) In fiscal year 2026, $14,473; 13
(v) In fiscal year 2027, $15,598; 14
(vi) In fiscal year 2028, $16,811; 15
(vii) In fiscal year 2029, $18,118; 16
(viii) In fiscal year 2030, $19,526; and 17
(ix) In subsequent fiscal years, the per pupil amount for the prior 18
fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. 19
(6) “Prekindergarten enrollment” means: 20
(i) Beginning in fiscal year 2023, the number of Tier I children 21
enrolled with an eligible prekindergarten provider; and 22
(ii) Beginning in fiscal year [2025] 2028, the number of Tier I and 23
Tier II children enrolled with an eligible prekindergarten provider. 24
(7) “State share” means, for each county, rounded to the nearest whole 25
dollar, the following calculations multiplied by 0.5: 26
HOUSE BILL 1432 3
(i) Multiply the per pupil amount by the county’s prekindergarten 1
enrollment; 2
(ii) Divide the result calculated under item (i) of this paragraph by 3
the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per 4
pupil; and 5
(iii) Multiply the result calculated under item (ii) of this paragraph 6
by the result, rounded to seven decimal places, that results from dividing the total program 7
amount by the sum of all of the results calculated under item (ii) of this paragraph for all 8
counties. 9
(8) “Tier I child” has the meaning stated in § 7–1A–01 of this article. 10
(9) “Tier II child” has the meaning stated in § 7–1A–01 of this article. 11
(10) “Tier III child” has the meaning stated in § 7–1A–01 of this article. 12
(11) “Total program amount” means the product of the per pupil amount and 13
the statewide prekindergarten enrollment. 14
(c) (1) (i) As calculated under subsection (d) of this section, there is a State 15
share and local share of the per pupil amount for Tier I children. 16
(ii) There is no family share for Tier I children. 17
(2) As calculated under subsection (e) of this section and beginning in fiscal 18
year [2025] 2028, there is a State share, local share, and family share of the per pupil 19
amount for Tier II children. 20
(3) Tier III children are not eligible for funding under this section. 21
(e) (1) On or before July 1, 2022, the Department shall establish a sliding scale 22
to calculate the family share required for Tier II children. 23
(2) The sliding scale developed by the Department shall be increased on a 24
linear basis with: 25
(i) A lower limit of $0 per pupil for a family with an income that is 26
300% of the federal poverty level; and 27
(ii) An upper limit of the per pupil amount for a family with an 28
income that is more than 300% but less than 600% of the federal poverty level. 29
(3) (i) Beginning in fiscal year [2025] 2028, the family shall pay the 30
family share to the publicly funded prekindergarten provider. 31
4 HOUSE BILL 1432
(ii) A county board may provide up to 100% of the family share on 1
behalf of the family. 2
5–415. 3
(A) THE BOARD SHALL ESTABLISH A PLAN TO WITHHOLD F UNDING FROM A 4
COUNTY BOARD FOR : 5
(1) INAPPROPRIATE SPENDIN G IDENTIFIED IN A FI SCAL AUDIT, AN 6
ANNUAL SCHOOL –BASED EXPENDITURE RE PORT, OR AN INVESTIGATION BY THE 7
INSPECTOR GENERAL IN THE MARYLAND OFFICE OF THE INSPECTOR GENERAL 8
FOR EDUCATION; AND 9
(2) UNSATISFACTORY RESULTS ON THE MARYLAND 10
COMPREHENSIVE ASSESSMENT PROGRAM (MCAP). 11
(B) THE BOARD SHALL ESTABLISH THE FISCAL STANDARDS AND MCAP 12
STANDARDS THAT WOULD REQUIRE FUNDING TO BE WITHHELD FROM A C OUNTY 13
BOARD FOR THE NEXT FISCAL YEAR OR FOR THE CURR ENT FISCAL YEAR , 14
DEPENDING ON THE SEV ERITY OF THE VIOLATI ON. 15
(C) IF THE BOARD FINDS THAT A COUNTY BOARD HAS I NAPPROPRIATELY 16
SPENT FUNDS OR HA S UNSATISFACTORY MCAP RESULTS, THE BOARD MAY DIRECT 17
THAT THE GREATER OF THE F OLLOWING AMOUNTS BE WITHHELD FOR THE NEXT 18
FISCAL YEAR: 19
(1) UP TO 25% OF THE STATE SHARE OF MAJOR EDUCATION AID , AS 20
DEFINED IN § 5–201 OF THIS TITLE; OR 21
(2) AN AMOUNT EQUAL TO TH E AMOUNT OF INAPPROP RIATE 22
SPENDING IN THE STATE SHARE OF MAJOR EDUCATION AID . 23
(D) (1) IF THE BOARD FINDS THAT FUNDING SHOULD NOT BE RELEAS ED 24
UNDER SUBSECTION (C) OF THIS SECTION , THE BOARD SHALL , ON OR BEFORE 25
DECEMBER 1, ISSUE AN INITIAL WAR NING TO THE COUNTY S UPERINTENDENT THAT 26
FUNDS MAY NOT BE REL EASED IN THE NEXT FI SCAL YEAR. 27
(2) A WARNING ISSUE D UNDER PARAGRAPH (1) OF THIS SUBSECTION 28
SHALL INFORM THE COU NTY SUPERINTENDENT O F: 29
(I) THE FINDINGS BY THE BOARD AND THE REASONI NG FOR 30
THE FINDINGS; AND 31
HOUSE BILL 1432 5
(II) ANY STEPS THAT MAY BE UNDERTAKEN TO REMEDY THE 1
FINDINGS. 2
(3) ON OR BEFORE FEBRUARY 1, THE BOARD SHALL MAKE A FI NAL 3
DETERMINATION ON WHE THER TO RELEASE OR NOT RELEASE FUNDS FOR THE NEXT 4
FISCAL YEAR AND SHALL NOTIFY THE COUNTY SUPERINTENDEN T. 5
(E) (1) ON OR BEFORE JUNE 1, THE BOARD SHALL NOTIFY TH E STATE 6
SUPERINTENDENT AND TH E COMPTROLLER FO R PURPOSES OF § 5–205 OF THIS 7
TITLE OF THE BOARD’S FINAL DECISION TO RELEASE OR NOT RELEASE FUNDS 8
UNDER SUBSECTION (D) OF THIS SECTION FOR THE NEXT FISCAL YEAR . 9
(2) THE BOARD SHALL NOTIFY TH E GOVERNOR, THE PRESIDENT OF 10
THE SENATE, AND THE SPEAKER OF THE HOUSE OF ITS DECISION UNDER 11
PARAGRAPH (1) OF THIS SUBSECTION . 12
(F) (1) IF THE BOARD FINDS THAT FUND ING SHOULD NOT BE RE LEASED 13
UNDER SUBSECTION (C) OF THIS SECTION FOR THE CURRENT FISC AL YEAR, THE 14
BOARD SHALL NOTIFY TH E COUNTY SUPERINTENDEN T AND THE STATE 15
SUPERINTENDENT AND TH E COMPTROLLER AS SOON A S PRACTICABLE FOR 16
PURPOSES OF § 5–205 OF THIS TITLE. 17
(2) THE BOARD SHALL NOTIFY TH E GOVERNOR, THE PRESIDENT OF 18
THE SENATE, AND THE SPEAKER OF THE HOUSE OF ITS DECISION UNDER 19
PARAGRAPH (1) OF THIS SUBSEC TION. 20
(G) THE BOARD SHALL DIRECT FU NDS WITHHELD IN ACCO RDANCE WITH 21
THIS SECTION TO BE R ELEASED IF THE BOARD FINDS THAT A CO UNTY BOARD HAS 22
MET THE GUIDELINES D EVELOPED BY THE BOARD TO RELEASE WITH HELD 23
FUNDING. 24
(H) THE BOARD SHALL DEVELOP A N APPEALS PRO CESS THROUGH WHICH A 25
COUNTY BOARD , LOCAL SCHOOL SYSTEM , OR PUBLIC SCHOOL MAY CONTEST THE 26
WITHHOLDING OF FUNDS UNDER THIS SECTION . 27
7–1A–03. 28
(a) Except as provided under subsection (b) of this section, a county board shall 29
ensure that: 30
(1) Beginning in the 2022–2023 school year, prekindergarten slots 31
provided by eligible private providers shall account for at least 30% of the total 32
prekindergarten slots provided by eligible prekindergarten providers in each county; 33
6 HOUSE BILL 1432
(2) [The proportion of eligible private provider prekindergarten slots in 1
each county increases by 5 percentage points every school year, until, in the 2026–2027] 2
BY THE 2029–2030 school year, eligible private provider prekindergarten slots SHALL 3
account for at least 50% of eligible prekindergarten provider prekindergarten slots in each 4
county; and 5
(3) In each year after the [2026–2027] 2029–2030 school year, the 6
proportion of eligible private provider prekindergarten slots in each county shall continue 7
to constitute at least 50% of eligible prekindergarten provider prekindergarten slots in each 8
county. 9
(b) (1) The Department shall issue a waiver from the requirements of this 10
section to a county board if: 11
(i) All families in the county who desire to enroll their eligible 12
children with eligible prekindergarten providers are able to do so; or 13
(ii) After reasonable cross–jurisdictional or regional efforts, there 14
are too few eligible private providers to meet the minimum requirements of this section. 15
(2) The Department may exclude by annual waiver Tier I children who are 16
3 years old in a county from the calculation under subsection (a) of this section until the 17
2029–2030 school year. 18
(3) [The Department may exclude by annual waiver Tier I children who 19
are 4 years old in a county from the calculation under subsection (a) of this section until 20
the 2026–2027 school year. 21
(4)] The Department shall establish waiver application procedures to carry 22
out the provisions of this subsection. 23
7–1A–04. 24
(a) (1) Except as provided in paragraph (2) of this subsection, all eligible 25
prekindergarten providers shall include structural elements that are evidence–based and 26
nationally recognized as important for ensuring program quality, including: 27
(i) Beginning in the [2027–2028] 2030–2031 school year: 28
1. High staff qualifications, including teachers who, at a 29
minimum, hold: 30
A. State certification for teaching in early childhood 31
education; or 32
HOUSE BILL 1432 7
B. A bachelor’s degree in any field and are pursuing 1
residency through the Maryland Approved Alternative Preparation Program, which 2
includes early childhood coursework, clinical practice, and evidence of pedagogical content 3
knowledge; and 4
2. Teaching assistants who have at least: 5
A. A Child Development Associate (CDA) certificate; or 6
B. An associate’s degree; 7
(ii) Professional development for all staff; 8
(iii) A student–to–classroom personnel ratio of no more than 10 to 1 9
in each class; 10
(iv) Class sizes of no more than 20 students per classroom; 11
(v) A full–day prekindergarten program; 12
(vi) Inclusion of students with disabilities to ensure access to and full 13
participation in all program opportunities; 14
(vii) For at least 1 year before a student’s enrollment in kindergarten, 15
learning environments that: 16
1. Are aligned with State Early Learning and Development 17
Standards; 18
2. Use evidence–based curricula; and 19
3. Use instruction methods that are: 20
A. Developmentally appropriate; and 21
B. Culturally and linguistically responsive; 22
(viii) Individualized accommodations and supports for all students; 23
(ix) Instructional staff salaries and benefits that are comparable to 24
the salaries and benefits of instructional staff employed by the county board of the county 25
in which the early learning program is located; 26
(x) Program evaluation to ensure continuous program improvement; 27
(xi) On–site or accessible comprehensive services for students; 28
8 HOUSE BILL 1432
(xii) Community partnerships that promote access to comprehensive 1
services for families of students; and 2
(xiii) Evidence–based health and safety standards. 3
(2) An eligible prekindergarten provider that is a Montessori school or 4
Montessori program shall include all of the structural elements listed in paragraph (1) of 5
this subsection except the following: 6
(i) For staff qualifications, the eligible prekindergarten provider 7
shall employ teachers who: 8
1. Hold a bachelor’s degree in any field; and 9
2. Hold a Montessori credential issued by: 10
A. The Association Montessori Internationale; 11
B. The American Montessori Society; or 12
C. A program accredited by the Montessori Accreditation 13
Council for Teacher Education; and 14
(ii) For the student –to–classroom personnel ratio, the 15
prekindergarten provider shall maintain a student–to–classroom personnel ratio of: 16
1. No more than 10 to 1, with a maximum of 20 students per 17
classroom if all of the students are under the age of 5 years; and 18
2. No more than 14 to 1, with a maximum of 28 students per 19
classroom if some of the students are at least 5 years old. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2024. 22