Maryland 2024 Regular Session

Maryland House Bill HB1432 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1432
6	6
7	7	HOUSE BILL 1432
8	8	F1 4lr2230
9	9	CF SB 1062
10	10	By: Delegates Miller, Adams, Arentz, Baker, Bouchat, Buckel, Chisholm, Griffith,
11	11	Hartman, Hinebaugh, Hornberger, Howard, Hutchinson, Jacobs, Kipke,
12	12	Mangione, McComas, T. Morgan, Munoz, Otto, Pippy, Reilly, Rose, Schmidt,
13	13	Stonko, Tomlinson, Valentine, and Wivell
14	14	Introduced and read first time: February 9, 2024
15	15	Assigned to: Appropriations and Ways and Means
16	16
17	17	A BILL ENTITLED
18	18
19	19	AN ACT concerning 1
20	20
21	21	Education – Prekindergarten and Withholding of County Board Funding 2
22	22	(Blueprint Accountability and Flexibility Act of 2024) 3
23	23
24	24	FOR the purpose of altering certain dates related to the family share for Tier II children in 4
25	25	publicly funded prekindergarten; altering certain dates related to the proportion of 5
26	26	eligible private provider prekindergarten slots; repealing the authorization for the 6
27	27	State Department of Education to exclude by annual waiver Tier I children who are 7
28	28	4 years old from a certain prekindergarten slot calculation; establishing a process for 8
29	29	the Accountability and Implementation Board to withhold certain funding from a 9
30	30	county board of education under certain circumstances; and generally relating to 10
31	31	publicly funded prekindergarten and county board of education funding. 11
32	32
33	33	BY repealing and reenacting, with amendments, 12
34	34	Article – Education 13
35	35	Section 5–229(a), (c), and (e), 7–1A–03, and 7–1A–04(a) 14
36	36	Annotated Code of Maryland 15
37	37	(2022 Replacement Volume and 2023 Supplement) 16
38	38
39	39	BY adding to 17
40	40	Article – Education 18
41	41	Section 5–415 19
42	42	Annotated Code of Maryland 20
43	43	(2022 Replacement Volume and 2023 Supplement) 21
44	44
45	45	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
46	46	That the Laws of Maryland read as follows: 23
47	47
48	48	Article – Education 24 2 HOUSE BILL 1432
49	49
50	50
51	51
52	52	5–229. 1
53	53
54	54	(a) (1) In this section the following words have the meanings indicated. 2
55	55
56	56	(2) “County program amount” means, for each county, the product of the 3
57	57	per pupil amount and the prekindergarten enrollment. 4
58	58
59	59	(3) “Family share” means the amount calculated under subsection (e) of 5
60	60	this section rounded to the nearest whole dollar. 6
61	61
62	62	(4) “Local share” means, for each county, the result of the county program 7
63	63	amount minus the State share rounded to the nearest whole dollar. 8
64	64
65	65	(5) “Per pupil amount” means: 9
66	66
67	67	(i) In fiscal year 2023, $10,094; 10
68	68
69	69	(ii) In fiscal year 2024, $11,594; 11
70	70
71	71	(iii) In fiscal year 2025, $13,003; 12
72	72
73	73	(iv) In fiscal year 2026, $14,473; 13
74	74
75	75	(v) In fiscal year 2027, $15,598; 14
76	76
77	77	(vi) In fiscal year 2028, $16,811; 15
78	78
79	79	(vii) In fiscal year 2029, $18,118; 16
80	80
81	81	(viii) In fiscal year 2030, $19,526; and 17
82	82
83	83	(ix) In subsequent fiscal years, the per pupil amount for the prior 18
84	84	fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. 19
85	85
86	86	(6) “Prekindergarten enrollment” means: 20
87	87
88	88	(i) Beginning in fiscal year 2023, the number of Tier I children 21
89	89	enrolled with an eligible prekindergarten provider; and 22
90	90
91	91	(ii) Beginning in fiscal year [2025] 2028, the number of Tier I and 23
92	92	Tier II children enrolled with an eligible prekindergarten provider. 24
93	93
94	94	(7) “State share” means, for each county, rounded to the nearest whole 25
95	95	dollar, the following calculations multiplied by 0.5: 26
96	96	HOUSE BILL 1432 3
97	97
98	98
99	99	(i) Multiply the per pupil amount by the county’s prekindergarten 1
100	100	enrollment; 2
101	101
102	102	(ii) Divide the result calculated under item (i) of this paragraph by 3
103	103	the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per 4
104	104	pupil; and 5
105	105
106	106	(iii) Multiply the result calculated under item (ii) of this paragraph 6
107	107	by the result, rounded to seven decimal places, that results from dividing the total program 7
108	108	amount by the sum of all of the results calculated under item (ii) of this paragraph for all 8
109	109	counties. 9
110	110
111	111	(8) “Tier I child” has the meaning stated in § 7–1A–01 of this article. 10
112	112
113	113	(9) “Tier II child” has the meaning stated in § 7–1A–01 of this article. 11
114	114
115	115	(10) “Tier III child” has the meaning stated in § 7–1A–01 of this article. 12
116	116
117	117	(11) “Total program amount” means the product of the per pupil amount and 13
118	118	the statewide prekindergarten enrollment. 14
119	119
120	120	(c) (1) (i) As calculated under subsection (d) of this section, there is a State 15
121	121	share and local share of the per pupil amount for Tier I children. 16
122	122
123	123	(ii) There is no family share for Tier I children. 17
124	124
125	125	(2) As calculated under subsection (e) of this section and beginning in fiscal 18
126	126	year [2025] 2028, there is a State share, local share, and family share of the per pupil 19
127	127	amount for Tier II children. 20
128	128
129	129	(3) Tier III children are not eligible for funding under this section. 21
130	130
131	131	(e) (1) On or before July 1, 2022, the Department shall establish a sliding scale 22
132	132	to calculate the family share required for Tier II children. 23
133	133
134	134	(2) The sliding scale developed by the Department shall be increased on a 24
135	135	linear basis with: 25
136	136
137	137	(i) A lower limit of $0 per pupil for a family with an income that is 26
138	138	300% of the federal poverty level; and 27
139	139
140	140	(ii) An upper limit of the per pupil amount for a family with an 28
141	141	income that is more than 300% but less than 600% of the federal poverty level. 29
142	142
143	143	(3) (i) Beginning in fiscal year [2025] 2028, the family shall pay the 30
144	144	family share to the publicly funded prekindergarten provider. 31
145	145	4 HOUSE BILL 1432
146	146
147	147
148	148	(ii) A county board may provide up to 100% of the family share on 1
149	149	behalf of the family. 2
150	150
151	151	5–415. 3
152	152
153	153	(A) THE BOARD SHALL ESTABLISH A PLAN TO WITHHOLD F UNDING FROM A 4
154	154	COUNTY BOARD FOR : 5
155	155
156	156	(1) INAPPROPRIATE SPENDIN G IDENTIFIED IN A FI SCAL AUDIT, AN 6
157	157	ANNUAL SCHOOL –BASED EXPENDITURE RE PORT, OR AN INVESTIGATION BY THE 7
158	158	INSPECTOR GENERAL IN THE MARYLAND OFFICE OF THE INSPECTOR GENERAL 8
159	159	FOR EDUCATION; AND 9
160	160
161	161	(2) UNSATISFACTORY RESULTS ON THE MARYLAND 10
162	162	COMPREHENSIVE ASSESSMENT PROGRAM (MCAP). 11
163	163
164	164	(B) THE BOARD SHALL ESTABLISH THE FISCAL STANDARDS AND MCAP 12
165	165	STANDARDS THAT WOULD REQUIRE FUNDING TO BE WITHHELD FROM A C OUNTY 13
166	166	BOARD FOR THE NEXT FISCAL YEAR OR FOR THE CURR ENT FISCAL YEAR , 14
167	167	DEPENDING ON THE SEV ERITY OF THE VIOLATI ON. 15
168	168
169	169	(C) IF THE BOARD FINDS THAT A COUNTY BOARD HAS I NAPPROPRIATELY 16
170	170	SPENT FUNDS OR HA S UNSATISFACTORY MCAP RESULTS, THE BOARD MAY DIRECT 17
171	171	THAT THE GREATER OF THE F OLLOWING AMOUNTS BE WITHHELD FOR THE NEXT 18
172	172	FISCAL YEAR: 19
173	173
174	174	(1) UP TO 25% OF THE STATE SHARE OF MAJOR EDUCATION AID , AS 20
175	175	DEFINED IN § 5–201 OF THIS TITLE; OR 21
176	176
177	177	(2) AN AMOUNT EQUAL TO TH E AMOUNT OF INAPPROP RIATE 22
178	178	SPENDING IN THE STATE SHARE OF MAJOR EDUCATION AID . 23
179	179
180	180	(D) (1) IF THE BOARD FINDS THAT FUNDING SHOULD NOT BE RELEAS ED 24
181	181	UNDER SUBSECTION (C) OF THIS SECTION , THE BOARD SHALL , ON OR BEFORE 25
182	182	DECEMBER 1, ISSUE AN INITIAL WAR NING TO THE COUNTY S UPERINTENDENT THAT 26
183	183	FUNDS MAY NOT BE REL EASED IN THE NEXT FI SCAL YEAR. 27
184	184
185	185	(2) A WARNING ISSUE D UNDER PARAGRAPH (1) OF THIS SUBSECTION 28
186	186	SHALL INFORM THE COU NTY SUPERINTENDENT O F: 29
187	187
188	188	(I) THE FINDINGS BY THE BOARD AND THE REASONI NG FOR 30
189	189	THE FINDINGS; AND 31
190	190	HOUSE BILL 1432 5
191	191
192	192
193	193	(II) ANY STEPS THAT MAY BE UNDERTAKEN TO REMEDY THE 1
194	194	FINDINGS. 2
195	195
196	196	(3) ON OR BEFORE FEBRUARY 1, THE BOARD SHALL MAKE A FI NAL 3
197	197	DETERMINATION ON WHE THER TO RELEASE OR NOT RELEASE FUNDS FOR THE NEXT 4
198	198	FISCAL YEAR AND SHALL NOTIFY THE COUNTY SUPERINTENDEN T. 5
199	199
200	200	(E) (1) ON OR BEFORE JUNE 1, THE BOARD SHALL NOTIFY TH E STATE 6
201	201	SUPERINTENDENT AND TH E COMPTROLLER FO R PURPOSES OF § 5–205 OF THIS 7
202	202	TITLE OF THE BOARD’S FINAL DECISION TO RELEASE OR NOT RELEASE FUNDS 8
203	203	UNDER SUBSECTION (D) OF THIS SECTION FOR THE NEXT FISCAL YEAR . 9
204	204
205	205	(2) THE BOARD SHALL NOTIFY TH E GOVERNOR, THE PRESIDENT OF 10
206	206	THE SENATE, AND THE SPEAKER OF THE HOUSE OF ITS DECISION UNDER 11
207	207	PARAGRAPH (1) OF THIS SUBSECTION . 12
208	208
209	209	(F) (1) IF THE BOARD FINDS THAT FUND ING SHOULD NOT BE RE LEASED 13
210	210	UNDER SUBSECTION (C) OF THIS SECTION FOR THE CURRENT FISC AL YEAR, THE 14
211	211	BOARD SHALL NOTIFY TH E COUNTY SUPERINTENDEN T AND THE STATE 15
212	212	SUPERINTENDENT AND TH E COMPTROLLER AS SOON A S PRACTICABLE FOR 16
213	213	PURPOSES OF § 5–205 OF THIS TITLE. 17
214	214
215	215	(2) THE BOARD SHALL NOTIFY TH E GOVERNOR, THE PRESIDENT OF 18
216	216	THE SENATE, AND THE SPEAKER OF THE HOUSE OF ITS DECISION UNDER 19
217	217	PARAGRAPH (1) OF THIS SUBSEC TION. 20
218	218
219	219	(G) THE BOARD SHALL DIRECT FU NDS WITHHELD IN ACCO RDANCE WITH 21
220	220	THIS SECTION TO BE R ELEASED IF THE BOARD FINDS THAT A CO UNTY BOARD HAS 22
221	221	MET THE GUIDELINES D EVELOPED BY THE BOARD TO RELEASE WITH HELD 23
222	222	FUNDING. 24
223	223
224	224	(H) THE BOARD SHALL DEVELOP A N APPEALS PRO CESS THROUGH WHICH A 25
225	225	COUNTY BOARD , LOCAL SCHOOL SYSTEM , OR PUBLIC SCHOOL MAY CONTEST THE 26
226	226	WITHHOLDING OF FUNDS UNDER THIS SECTION . 27
227	227
228	228	7–1A–03. 28
229	229
230	230	(a) Except as provided under subsection (b) of this section, a county board shall 29
231	231	ensure that: 30
232	232
233	233	(1) Beginning in the 2022–2023 school year, prekindergarten slots 31
234	234	provided by eligible private providers shall account for at least 30% of the total 32
235	235	prekindergarten slots provided by eligible prekindergarten providers in each county; 33
236	236	6 HOUSE BILL 1432
237	237
238	238
239	239	(2) [The proportion of eligible private provider prekindergarten slots in 1
240	240	each county increases by 5 percentage points every school year, until, in the 2026–2027] 2
241	241	BY THE 2029–2030 school year, eligible private provider prekindergarten slots SHALL 3
242	242	account for at least 50% of eligible prekindergarten provider prekindergarten slots in each 4
243	243	county; and 5
244	244
245	245	(3) In each year after the [2026–2027] 2029–2030 school year, the 6
246	246	proportion of eligible private provider prekindergarten slots in each county shall continue 7
247	247	to constitute at least 50% of eligible prekindergarten provider prekindergarten slots in each 8
248	248	county. 9
249	249
250	250	(b) (1) The Department shall issue a waiver from the requirements of this 10
251	251	section to a county board if: 11
252	252
253	253	(i) All families in the county who desire to enroll their eligible 12
254	254	children with eligible prekindergarten providers are able to do so; or 13
255	255
256	256	(ii) After reasonable cross–jurisdictional or regional efforts, there 14
257	257	are too few eligible private providers to meet the minimum requirements of this section. 15
258	258
259	259	(2) The Department may exclude by annual waiver Tier I children who are 16
260	260	3 years old in a county from the calculation under subsection (a) of this section until the 17
261	261	2029–2030 school year. 18
262	262
263	263	(3) [The Department may exclude by annual waiver Tier I children who 19
264	264	are 4 years old in a county from the calculation under subsection (a) of this section until 20
265	265	the 2026–2027 school year. 21
266	266
267	267	(4)] The Department shall establish waiver application procedures to carry 22
268	268	out the provisions of this subsection. 23
269	269
270	270	7–1A–04. 24
271	271
272	272	(a) (1) Except as provided in paragraph (2) of this subsection, all eligible 25
273	273	prekindergarten providers shall include structural elements that are evidence–based and 26
274	274	nationally recognized as important for ensuring program quality, including: 27
275	275
276	276	(i) Beginning in the [2027–2028] 2030–2031 school year: 28
277	277
278	278	1. High staff qualifications, including teachers who, at a 29
279	279	minimum, hold: 30
280	280
281	281	A. State certification for teaching in early childhood 31
282	282	education; or 32
283	283	HOUSE BILL 1432 7
284	284
285	285
286	286	B. A bachelor’s degree in any field and are pursuing 1
287	287	residency through the Maryland Approved Alternative Preparation Program, which 2
288	288	includes early childhood coursework, clinical practice, and evidence of pedagogical content 3
289	289	knowledge; and 4
290	290
291	291	2. Teaching assistants who have at least: 5
292	292
293	293	A. A Child Development Associate (CDA) certificate; or 6
294	294
295	295	B. An associate’s degree; 7
296	296
297	297	(ii) Professional development for all staff; 8
298	298
299	299	(iii) A student–to–classroom personnel ratio of no more than 10 to 1 9
300	300	in each class; 10
301	301
302	302	(iv) Class sizes of no more than 20 students per classroom; 11
303	303
304	304	(v) A full–day prekindergarten program; 12
305	305
306	306	(vi) Inclusion of students with disabilities to ensure access to and full 13
307	307	participation in all program opportunities; 14
308	308
309	309	(vii) For at least 1 year before a student’s enrollment in kindergarten, 15
310	310	learning environments that: 16
311	311
312	312	1. Are aligned with State Early Learning and Development 17
313	313	Standards; 18
314	314
315	315	2. Use evidence–based curricula; and 19
316	316
317	317	3. Use instruction methods that are: 20
318	318
319	319	A. Developmentally appropriate; and 21
320	320
321	321	B. Culturally and linguistically responsive; 22
322	322
323	323	(viii) Individualized accommodations and supports for all students; 23
324	324
325	325	(ix) Instructional staff salaries and benefits that are comparable to 24
326	326	the salaries and benefits of instructional staff employed by the county board of the county 25
327	327	in which the early learning program is located; 26
328	328
329	329	(x) Program evaluation to ensure continuous program improvement; 27
330	330
331	331	(xi) On–site or accessible comprehensive services for students; 28
332	332	8 HOUSE BILL 1432
333	333
334	334
335	335	(xii) Community partnerships that promote access to comprehensive 1
336	336	services for families of students; and 2
337	337
338	338	(xiii) Evidence–based health and safety standards. 3
339	339
340	340	(2) An eligible prekindergarten provider that is a Montessori school or 4
341	341	Montessori program shall include all of the structural elements listed in paragraph (1) of 5
342	342	this subsection except the following: 6
343	343
344	344	(i) For staff qualifications, the eligible prekindergarten provider 7
345	345	shall employ teachers who: 8
346	346
347	347	1. Hold a bachelor’s degree in any field; and 9
348	348
349	349	2. Hold a Montessori credential issued by: 10
350	350
351	351	A. The Association Montessori Internationale; 11
352	352
353	353	B. The American Montessori Society; or 12
354	354
355	355	C. A program accredited by the Montessori Accreditation 13
356	356	Council for Teacher Education; and 14
357	357
358	358	(ii) For the student –to–classroom personnel ratio, the 15
359	359	prekindergarten provider shall maintain a student–to–classroom personnel ratio of: 16
360	360
361	361	1. No more than 10 to 1, with a maximum of 20 students per 17
362	362	classroom if all of the students are under the age of 5 years; and 18
363	363
364	364	2. No more than 14 to 1, with a maximum of 28 students per 19
365	365	classroom if some of the students are at least 5 years old. 20
366	366
367	367	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
368	368	1, 2024. 22