WES MOORE, Governor Ch. 165
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Chapter 165
(House Bill 1441)
AN ACT concerning
Early Childhood Education – Publicly Funded Prekindergarten Programs –
Alterations
FOR the purpose of establishing certain requirements for a teacher’s certificate in early
childhood education; altering the teaching credentials required for staff of qualified
providers for prekindergarten services for purposes of the Prekindergarten Grant
Program; repealing certain requirements for county boards of education to ensure
that a certain percentage of publicly funded prekindergarten slots are provided by
eligible private providers; providing for the goal of the State regarding the proportion
of prekindergarten slots offered in each county; altering staff qualifications in
eligible prekindergarten programs; requiring county boards to establish an
experience–based educator professional development program; requiring the State
Department of Education to create a model memorandum of understanding for use
by county boards of education for a certain purpose; altering the minimum criteria
for a certain memorandum of understanding; authorizing a county board to apply for
certain funding to lease space to provide prekindergarten programs; establishing an
early childhood educator career ladder for eligible private prekindergarten
providers; providing for the purpose and structure of the career ladder; requiring the
Department to establish prekindergarten provider hubs; requiring the Department
to establish a program to aid eligible prekindergarten providers in meeting certain
requirements; requiring the Department to publicize and distribute a certain list of
eligible private prekindergarten providers; requiring certain local business agencies
to assist private prekindergarten providers in a certain manner; altering certain
funding timelines for the Child Care Incentive Grant Program and the Maryland
Child Care Credential Program to align with certain timelines for prekindergarten
programs; requiring the Governor to include a certain appropriation in a certain
fiscal year for the Maryland Child Care Credential Program; altering the
qualifications for an award from the Child Care Career and Professional
Development Fund; requiring the Office of Child Care to prioritize certain grant
awards to certain applicants; requiring certain award recipients who do not perform
the service obligation to repay certain award funding except under certain
circumstances; and generally relating to publicly funded prekindergarten programs
in the State.
BY adding to
Article – Education
Section 6–129, 7–1A–03, 7–1A–04.1, and 7–1A–09
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments, Ch. 165 2024 LAWS OF MARYLAND
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Article – Education
Section 7–101.2(b)(1)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 7–101.2(c) and (d), 7–1A–01, 7–1A–03, 7–1A–04, 7–1A–05, 7–1A–07,
7–1A–08, 7–1A–09, 9.5–903, 9.5–904, 9.5–904, 9.5–905, and 9.5–906 7–1A–08,
7–1A–09, 9.5–904, and 9.5–905
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing
Article – Education
Section 7–1A–03
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Education
Section 7–1A–08 and 7–1A–09
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
6–129.
(A) (1) A TEACHER’S CERTIFICATE IN EAR LY CHILDHOOD EDUCATI ON
SHALL BE OF TWO CLAS SES.
(2) A FIRST–CLASS CERTIFICATE SH ALL REQUIRE AN INDIV IDUAL TO
HOLD A BACHELOR ’S DEGREE.
(3) A SECOND–CLASS CERTIFICATE SH ALL REQUIRE AN INDIV IDUAL
TO HOLD AN ASSOCIATE ’S DEGREE IN EARLY CH ILDHOOD EDUCATION OR CHILD
DEVELOPMENT .
(B) A TEACHER WHO HOLDS A FIRST–CLASS TEACHER CERTIF ICATE IN
EARLY CHILDHOOD EDUC ATION SHALL BE COMPE NSATED AT A HIGHER RATE OF
PAY. WES MOORE, Governor Ch. 165
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(C) EXCEPT AS PROVIDED IN § 7–1A–04 OF THIS ARTICLE, AN INDIVIDUAL
SHALL HOLD A TEACHER ’S CERTIFICATE IN EAR LY CHILDHOOD EDUCATI ON TO
TEACH FOR AN ELIGIBL E PREKINDERGARTEN PR OVIDER UNDER TITLE 7, SUBTITLE
1A OF THIS ARTICLE.
7–101.2.
(b) (1) There is a grant program known as the Prekindergarten Expansion
Grant Program in the State.
(c) (1) Except SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND
EXCEPT EXCEPT as provided in paragraph (2) PARAGRAPH (3) (2) of this subsection,
before approving qualified providers for prekindergarten services to receive a grant under
this section, a qualified provider shall certify to the Department that for each classroom
funded under this section the provider will:
(i) Maintain a student–to–classroom personnel ratio of no more
than 10 to 1 with a maximum of 20 children per classroom;
(ii) Provide in each classroom at least one teacher [certified in early
childhood education by the State] WHO HOLDS AT LEAST A N ASSOCIATE’S DEGREE IN
EARLY CHILDHOOD EDUC ATION OR CHILD DEVEL OPMENT and at least one teacher’s
aide who has at least a high school degree MEET THE HIGH STAFF QUALIFICATIONS OF
§ 7–1A–04(A)(1)(I) OF THIS TITLE;
(iii) Operate an educational program for:
1. 5 days per week;
2. 180 days per year, in accordance with the public school
calendar established by the local school board; and
3. A. For half–day programs, at least 2.5 hours per day;
or
B. For full–day programs, at least 6.5 hours per day; and
(iv) To receive a grant under this section, meet the requirements of §
7–1A–04 of this title.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A
TEACHER IN A CLASSRO OM FUNDED UNDER THIS SECTION MUST :
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(I) HOLD A BACHELOR ’S DEGREE AND BE WORK ING TOWARD A
CERTIFICATION FOR TE ACHING IN EARLY CHIL DHOOD EDUCATION ; OR
(II) MEET THE REQUIREMENTS FOR A LEAD TEACHER U NDER
THE EARLY CHILDHOOD EDUCATOR CAREER LADD ER ESTABLISHED UNDER §
7–1A–08 OF THIS TITLE.
(3) Before approving qualified providers who are Montessori schools or
Montessori programs for prekindergarten services to receive a grant under this section, a
qualified provider shall certify to the Department that for each classroom funded under
this section the provider will:
(i) Meet the requirements under paragraph (1)(iii) of this
subsection;
(ii) Maintain a student–to–classroom personnel ratio of no more
than 10 to 1, with a maximum of 20 students per classroom if all of the students are under
the age of 5 years;
(iii) Maintain a student–to–classroom personnel ratio of no more
than 14 to 1, with a maximum of 28 students per classroom if some of the students are at
least 5 years old; and
(iv) Require a classroom teacher to:
1. Hold a bachelor’s degree in any field; and
2. Hold a Montessori credential issued by:
A. The Association Montessori Internationale;
B. The American Montessori Society; or
C. A program accredited by the Montessori Accreditation
Council for Teacher Education.
(d) (1) (i) Beginning in fiscal year 2020 through fiscal year 2025 2029, the
Governor shall annually appropriate to the Fund an amount that is at least equal to the
total amount of all funds received by the Program in the prior fiscal year.
(ii) Beginning in fiscal year [2026] 2028 2030, the funds
appropriated to the Fund shall be consolidated into the publicly funded full–day
prekindergarten program established in Subtitle 1A of this title.
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(2) The Governor may provide funds to the Department to administer the
Program.
7–1A–01.
(a) In this subtitle the following words have the meanings indicated.
(b) “Cost of quality” means the per–pupil amount provided under § 5–229 of this
article.
(C) “EARLY CHILDHOOD EDUCA TOR CAREER LADDER ” MEANS THE CAREER
LADDER FOR PRIVATE P ROVIDER PREKINDERGAR TEN EDUCATORS ESTABL ISHED
BY THE DEPARTMENT UNDER § 7–1A–08 OF THIS SUBTITLE.
[(c)] (D) “Eligible prekindergarten provider” includes an:
(1) Eligible public provider; and
(2) Eligible private provider.
[(d)] (E) (1) “Eligible private provider” means a community–based early
learning program that:
(i) Is licensed in the State;
(ii) Does not charge more tuition for full–day prekindergarten than
the cost of quality; and
(iii) Meets the requirements under § 7–1A–04 of this subtitle.
(2) “Eligible private provider” includes the Ulysses Currie Head Start
Program under § 5–231 of this article.
[(e)] (F) “Eligible public provider” means an early learning program that:
(1) Is provided by a county board at a public school; and
(2) Meets the requirements under § 7–1A–04 of this subtitle.
[(f)] (G) “Full–day prekindergarten” means an early learning program with a
six and one–half hour school day.
[(g)] (H) “Prekindergarten program” means an early learning program at an
eligible prekindergarten provider.
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(I) “PREKINDERGARTEN PROVI DER HUB ” MEANS A COORDINATED
PARTNERSHIP BETWEEN ELIGIBLE PREKINDERGA RTEN PROVIDERS AND O THER
ENTITIES ESTABLISHED BY THE DEPARTMENT UNDER § 7–1A–09 OF THIS SUBTITLE.
[(h)] (J) “Prekindergarten slot” means the available space for a child to attend
a prekindergarten program.
[(i)] (K) “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 homeless youth; and
(3) Whose family chooses to enroll the child in full–day prekindergarten.
[(j)] (L) “Tier II child” means a child:
(1) Who is 4 years old;
(2) Whose family income is more than 300% but not more than 600% of the
federal poverty level; and
(3) Whose family chooses to enroll the child in full–day prekindergarten.
[(k)] (M) “Tier III child” means a child:
(1) Who is 4 years old;
(2) Whose family income is more than 600% of the federal poverty level;
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 2024–2025 school year, prekindergarten
slots provided by eligible private providers shall account for at least 30% 10% of the total
prekindergarten slots provided by eligible prekindergarten providers in each county;
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(2) The proportion of eligible private provider prekindergarten slots in each
county increases by 5 10 percentage points every school year, until, in the 2026–2027
2028–2029 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 2028–2029 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) 1. All families in the county who desire to enroll their eligible
children with eligible prekindergarten providers are able to do so; or
(ii) 2. After reasonable cross–jurisdictional or regional efforts,
there are too few eligible private providers to meet the minimum requirements of this
section; AND
(II) THE COUNTY BOARD DEMONST RATES TO THE
DEPARTMENT THAT IT HA S MADE A GOOD FAITH EFFORT TO FULLY EMBR ACE THE
MIXED DELIVERY SYSTE M, INCLUDING BY ADOPTIN G A MEMORANDUM OF
UNDERSTANDING IN ACC ORDANCE WITH § 7–1A–05 OF THIS SUBTITLE .
(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 2031–2032 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 2028–2029 school year.
(4) The Department shall establish waiver application procedures to carry
out the provisions of this subsection.]
7–1A–03.
IT IS THE GOAL OF THE STATE THAT AT LEAST 50% OF THE
PREKINDERGARTEN SLOT S PROVIDED IN EACH C OUNTY BE PROVIDED BY ELIGIBLE
PRIVATE PROVIDERS BE GINNING IN THE 2027–2028 SCHOOL YEAR .
7–1A–04.
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(a) (1) Except as provided in paragraph (2) of this subsection, all eligible
prekindergarten providers shall include structural elements that are evidence–based and
nationally recognized as important for ensuring program quality, including:
(i) Beginning in the [2027–2028] 2025–2026 school year:
1. [High staff] STAFF qualifications[, including HIGH
STAFF QUALIFICATIONS , INCLUDING:
1. BEGINNING IN THE 2027–2028 SCHOOL YEAR ,
ELIGIBLE PUBLIC PROV IDER teachers who, at a minimum, hold:
A. State certification for teaching in early childhood
education; or
B. 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
2. Teaching BEGINNING IN THE 2027–2028 SCHOOL
YEAR, ELIGIBLE PUBLIC PROV IDER TEACHING assistants who have at least:
A. A Child Development Associate (CDA) certificate; or
B. An associate’s degree] FOR TEACHERS AND TEA CHING
ASSISTANTS AS REQUIR ED UNDER § 7–1A–04.1 OF THIS SUBTITLE; OR
C. ON JULY 1, 2027 2024, DOCUMENTED EXPERIENC E
OF ACTIVELY PROVIDING SERVICES I N EARLY CHILDHOOD ED UCATION SERVING AS
A TEACHING ASSISTANT IN A PUBLICLY FUNDED PREKINDERGARTEN CLAS SROOM
FOR A MINIMUM OF 15 5 YEARS FOR AT LEAST 20 HOURS PER WEEK AND 180 DAYS
PER YEAR; AND
3. BEGINNING IN THE 2025–2026 SCHOOL YEAR ,
ELIGIBLE PRIVATE PRO VIDER EDUCATORS WHO MEET THE REQUIREMENT S OF THE
EARLY CHILDHOOD EDUC ATOR CAREER LADDER ;
(ii) Professional development for all staff;
(iii) A student–to–classroom personnel ratio of no more than 10 to 1
in each class;
(iv) Class sizes of no more than 20 students per classroom;
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(v) A full–day prekindergarten program;
(vi) Inclusion of students with disabilities to ensure access to and full
participation in all program opportunities;
(vii) For at least 1 year before a student’s enrollment in kindergarten,
learning environments that:
1. Are aligned with State Early Learning and Development
Standards;
2. Use evidence–based curricula; and
3. Use instruction methods that are:
A. Developmentally appropriate; and
B. Culturally and linguistically responsive;
(viii) Individualized accommodations and supports for all students;
(ix) 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;
(x) Program evaluation to ensure continuous program improvement;
(xi) On–site or accessible comprehensive services for students;
(xii) Community partnerships that promote access to comprehensive
services for families of students; and
(xiii) Evidence–based health and safety standards.
(2) An eligible prekindergarten provider that is a Montessori school or
Montessori program shall include all of the structural elements listed in paragraph (1) of
this subsection except the following:
(i) For staff qualifications, the eligible prekindergarten provider
shall employ teachers who:
1. Hold a bachelor’s degree in any field; and
2. Hold a Montessori credential issued by:
A. The Association Montessori Internationale; Ch. 165 2024 LAWS OF MARYLAND
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B. The American Montessori Society; or
C. A program accredited by the Montessori Accreditation
Council for Teacher Education; and
(ii) For the student –to–classroom personnel ratio, the
prekindergarten provider shall maintain a student–to–classroom personnel ratio of:
1. No more than 10 to 1, with a maximum of 20 students per
classroom if all of the students are under the age of 5 years; and
2. No more than 14 to 1, with a maximum of 28 students per
classroom if some of the students are at least 5 years old.
(b) In addition to the requirements listed in subsection (a) of this section, an
eligible prekindergarten provider shall:
(1) If the provider is an eligible private provider, achieve a quality rating
level of 3 in the Maryland EXCELS program and publish that quality rating in a publicly
available manner, determined by the Department;
(2) If the provider is an eligible public provider, achieve a quality rating
level of 4 in the Maryland EXCELS program and publish that quality rating in a publicly
available manner, determined by the Department;
(3) Submit to the Department a plan to achieve a quality rating level 5 in
the Maryland EXCELS program within 5 years after becoming an eligible prekindergarten
provider;
(4) Achieve in accordance with the plan a quality rating level 5 in the
Maryland EXCELS program within 5 years after becoming an eligible prekindergarten
provider and publish that quality rating in a publicly available manner, determined by the
Department; and
(5) Except as otherwise provided in § 7–1A–07 of this subtitle, be open for
pupil attendance in accordance with § 7–103 of this title.
(c) (1) An eligible prekindergarten provider may not engage in explicitly
religious activities during school hours.
(2) If an eligible prekindergarten provider engages in an explicitly religious
activity, the activity shall be:
(i) Separate in time and location from any instruction offered by the
eligible prekindergarten provider; and WES MOORE, Governor Ch. 165
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(ii) Voluntary.
(3) (i) An eligible prekindergarten provider shall make reasonable
efforts to make the areas where prekindergarten children spend time during school hours
as nonsectarian as possible.
(ii) An eligible prekindergarten provider may not be required to
adopt any rule, regulation, or policy that conflicts with its religious or moral teachings.
(4) (i) An eligible prekindergarten provider shall comply with Title VI
of the Civil Rights Act of 1964, as amended, Title 20, Subtitle 6 of the State Government
Article, and not discriminate in student admissions, retention, or expulsion or otherwise
discriminate against any student or parent of a student on the basis of race, color, national
origin, disability, sexual orientation, or gender identity or expression.
(ii) If a student has a disability, placement of the student shall be
based on where the student will be best served.
(iii) An eligible prekindergarten provider found to have violated the
nondiscrimination requirements under this section:
1. May not continue to be an eligible prekindergarten
provider; and
2. Shall reimburse the Department all public funds provided
under this subtitle minus any amount received from the child care scholarship program.
(5) Except as provided in § 7–305.1 of this title, an eligible prekindergarten
provider may not suspend or expel a child who is enrolled in a prekindergarten program.
7–1A–04.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “CDA CERTIFICATE” MEANS A CHILD DEVELOPMENT ASSOCIATE
CERTIFICATE WITH A P RESCHOOL DESIGNATION ISSUED BY THE COUNCIL FOR
PROFESSIONAL RECOGNITION.
(3) “EXPERIENCE–BASED EDUCATOR ” MEANS AN INDIVIDUAL WHO:
(I) HAS DOCUMENTED EXPERI ENCE ACTIVELY PROVID ING
SERVICES IN EARLY CH ILDHOOD EDUCATION ; AND
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(II) DOES NOT HOLD A TEACH ING CREDENTIAL ISSUE D BY THE
DEPARTMENT OR CREDENTIAL ISSUED BY AN APPROPRIATE ORGAN IZATION.
(4) “PROGRAM” MEANS AN EXPERIENCE –BASED EDUCATOR
PROFESSIONAL DEVELOP MENT PROGRAM .
(B) (1) TO QUALIFY AS A TEACH ER IN A PREKINDERGAR TEN CLASSROOM
PROVIDED BY AN ELIGI BLE PREKINDERGARTEN PROVIDER, AN INDIVIDUAL SHALL :
(I) HOLD, AT MINIMUM , AN ASSOCIATE ’S DEGREE IN EARLY
CHILDHOOD EDUCATION OR CHILD DEVELOPMENT ; OR
(II) 1. FROM JULY 1, 2025, THROUGH JUNE 30, 2027:
A. HAVE 9,000 HOURS OF DOCUMENTED EXPERIENCE
ACTIVELY PROVIDING S ERVICES IN EARLY CHILDHOOD EDUC ATION; AND
B. ENROLL IN A PROGRAM ; AND
2. DEMONSTRATE CONSISTEN T PROGRESS TOWARD
COMPLETION OF A CDA CERTIFICATE WITHIN 3 YEARS AFTER ENROLLIN G IN A
PROGRAM.
(2) TO QUALIFY AS A TEACH ING ASSISTANT IN A P REKINDERGARTEN
CLASSROOM PROVIDED BY AN ELIGIBLE PREKINDERGA RTEN PROVIDER , AN
INDIVIDUAL SHALL :
(I) HOLD A CDA CERTIFICATE; OR
(II) 1. FROM JULY 1, 2025, THROUGH JUNE 30, 2027:
A. HAVE 1,500 HOURS OF DOCUMENTED EXPERIENCE
ACTIVELY PROVIDING S ERVICES IN EARLY CHI LDHOOD EDUCATION ; AND
B. ENROLL IN A PROGRAM ; AND
2. DEMONSTRATE CONSISTEN T PROGRESS TOWARD
COMPLETION OF A CDA CERTIFICATE WITHIN 3 YEARS AFTER ENROLLIN G IN A
PROGRAM.
(C) (1) (I) EACH COUNTY BOARD SHA LL ESTABLISH AN
EXPERIENCE–BASED EDUCATOR PROFE SSIONAL DEVELOPMENT PROGRAM.
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(II) THE PURPOSE OF THE PR OGRAM UNDER THIS SUB SECTION
IS TO ASSIST EXPERIE NCE–BASED EDUCATORS IN O BTAINING A CDA CERTIFICATE
WITHIN A 3–YEAR PERIOD.
(III) A PROGRAM ESTABLISHED UNDER THIS SUBSECTION SHALL
OPERATE FROM JULY 1, 2025, THROUGH JUNE 30, 2030.
(2) TO QUALIFY FOR A PROG RAM UNDER THIS SUBSE CTION, AN
EXPERIENCE–BASED EDUCATOR SHALL :
(I) APPLY TO THE PROGRAM BETWEEN JULY 1, 2025, AND
JUNE 30, 2027, BOTH INCLUSIVE ;
(II) MEET THE WORK EXPERIE NCE REQUIREMENTS FOR A
TEACHER OR TEACHING ASSISTANT DESCRIBED UNDER SUBSECTION (B)(1)(II)1 OR
(2)(II)1 OF THIS SECTION; AND
(III) BE EMPLOYED AS A TEAC HER OR TEACHING ASSI STANT BY:
1. AN ELIGIBLE PUBLIC PR OVIDER; OR
2. AN ELIGIBLE PRIVATE P ROVIDER LOCATED IN T HE
COUNTY UNDER THE JUR ISDICTION OF THE COU NTY BOARD OPERATING THE
PROGRAM.
(3) A PROGRAM ESTABLISHED UNDER THIS SUBSECTIO N SHALL, AT
MINIMUM:
(I) PROVIDE A PARTICIPANT WITH INFORMATION REG ARDING
PROFESSIONAL DEVELOPMENT OPPORTUN ITIES IN EARLY CHILD HOOD EDUCATION ;
(II) PROVIDE TECHNICAL ASS ISTANCE IN WORKING T OWARD
THE CDA CERTIFICATE, INCLUDING ASSISTANCE FILLING OUT FORMS , OBTAINING
REQUIRED MATERIALS , AND FINDING A TRAINI NG LOCATION; AND
(III) PAIR EACH PARTICIPANT WITH A MENTOR TEACHER .
(4) A MENTOR TEACHER WHO P ARTICIPATES IN A PRO GRAM UNDER
PARAGRAPH (3)(III) OF THIS SUBSECTION S HALL RECEIVE COMPENS ATION.
7–1A–05.
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(a) (1) Each county board shall enter into a memorandum of understanding
with the Department, each eligible private provider participating in publicly funded
prekindergarten in the county, and other applicable government agencies.
(2) Before executing a memorandum of understanding under this section,
each county board shall submit an implementation plan of the proposed memorandum of
understanding to the Accountability and Implementation Board in accordance with §
5–404 of this article.
(B) THE DEPARTMENT SHALL DEVE LOP A MODEL MEMORAND UM OF
UNDERSTANDING FOR US E BY COUNTY BOARDS OF EDUCATION IN FULF ILLING THE
REQUIREMENTS UNDER T HIS SECTION.
[(b)] (C) [The] EACH memorandum of understanding shall, AT A MINIMUM ,
provide for:
(1) THE ADOPTION OF AN EA RLY CHILDHOOD EDUCAT OR CAREER
LADDER BY ELIGIBLE P RIVATE PROVIDERS IN ACCORDAN CE WITH § 7–1A–08 OF
THIS SUBTITLE;
(2) Services for children with disabilities;
(2) (3) A process by which a parent is able to indicate a preference for
eligible prekindergarten providers;
(3) (4) The manner for processing the payment of the State share, local
share, and family share for each child who is enrolled with an eligible prekindergarten
provider;
(4) (5) Any agreed upon administrative costs to be retained by an
agency that is party to the agreement;
(5) (6) The manner in which the parties will meet the requirements of
this subtitle;
(6) (7) A plan to address racial and socioeconomic integration in
prekindergarten classrooms; [and]
(7) (8) A METHOD FOR THE COUNT Y BOARD TO DISTRIBUT E A LIST
OF ELIGIBLE PUBLIC A ND PRIVATE PR OVIDERS IN THE SAME AREA WITH A PARENT
INTERESTED IN ENROLL ING THE PARENT ’S CHILD IN A PREKIND ERGARTEN
PROGRAM;
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(8) (9) FACILITATION OF PEER –TO–PEER ELIGIBLE
PREKINDERGARTEN PROV IDER MEETINGS , THROUGH A PREKINDERG ARTEN
PROVIDER HUB IF ONE IS ESTABLISHED IN THE AREA , IN WHICH ELIGIBLE
PREKINDERGARTEN PROV IDERS ARE ABLE TO SH ARE BEST PRACTICES I N THE
FIELD; AND
[(7)] (9) (10) Any other provisions necessary to carry out this subtitle.
[(c)] (D) A memorandum of understanding under this section shall seek to avoid,
to the extent practicable, a disproportionate concentration of students of the same race,
ethnicity, disability status, and income within an eligible provider.
7–1A–07.
(a) (1) The Interagency Commission on School Construction shall prioritize
public school construction funding requests for high quality prekindergarten classrooms.
(2) The Interagency Commission on School Construction shall consider the
availability of private eligible prekindergarten providers when determining priorities
under paragraph (1) of this subsection.
(b) A county board may partner with the State or the county government to
address physical space constraints for eligible prekindergarten providers by utilizing
existing available space at a location that is not an eligible prekindergarten provider
including:
(1) Senior care facilities; or
(2) Community centers.
(C) A COUNTY BOARD MAY LEA SE SPACE FROM THE CO UNTY TO PROVIDE
PREKINDERGARTEN PROG RAMS IN ACCORDANCE W ITH THIS SUBTITLE.
(1) A COUNTY BOARD MAY APPLY FOR FUNDING FROM THE CAP ITAL
IMPROVEMENT PROGRAM FOR ASSISTANCE ON RE NOVATIONS TO PUBLIC
FACILITIES LEASED AS ELIGIBLE PUBLIC PREK INDERGARTEN PROGRAMS .
(2) THE MANAGEMENT OF PUB LIC FACILITIES LEASE D UNDER THIS
SUBSECTION SHALL BE THE RESPONSIBILITY OF THE B UILDING OWNER AND NO T
THE COUNTY BOARD .
7–1A–08.
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(A) (1) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT SHALL
ESTABLISH AN EARLY C HILDHOOD EDUCATOR CA REER LADDER FOR ELIG IBLE
PRIVATE PROVIDERS .
(2) THE EARLY CHILDHOOD E DUCATOR CAREER LADDER IS FOR
TEACHERS AND ASSISTA NT TEACHERS EMPLOYED BY ELIGIBLE PRIVATE
PROVIDERS.
(3) THE PURPOSE OF THE EA RLY CHILDHOOD EDUCAT OR CAREER
LADDER IS TO:
(I) TRANSFORM EARLY CHILD HOOD EDUCATION TEACH ING
INTO A HIGH–STATUS PROFESSION IN THE STATE;
(II) ATTRACT HIGH –PERFORMING STUDENTS TO PURSUE THE
HIGH–STATUS EARLY CHILDHO OD EDUCATION TEACHIN G PROFESSION; AND
(III) RETAIN HIGH–QUALITY EARLY CHILDH OOD EDUCATION
TEACHERS WHO GAIN AD DITIONAL RESPONSIBIL ITY, AUTHORITY, STATUS, AND
COMPENSATION A S THEY GAIN ADDITION AL EXPERTISE.
(B) THE EARLY CHILDHOOD E DUCATOR CAREER LADDE R SHALL:
(1) ADEQUATELY COMPENSATE EARLY CHILDHOOD EDUC ATORS FOR
THEIR WORK;
(2) PROVIDE EARLY CHILDHO OD EDUCATORS WITH TH E
OPPORTUNITY TO IDENT IFY AND WORK WITH PR EKINDERGARTEN TEACHERS A ND
TEACHING ASSISTANTS ;
(3) PROVIDE EARLY CHILDHO OD EDUCATORS THE OPP ORTUNITY TO
DEVELOP THEIR SKILLS AND KNOWLEDGE BY PAR TICIPATING IN JOB –EMBEDDED
PROFESSIONAL DEVELOP MENT; AND
(4) COMPENSATE EARLY CHIL DHOOD EDUCATORS AT G REATER
RATES AS THEY ADVANC E TO THE NEXT LEVEL OF THE CAREER LADDER .
(C) (1) THE LEVELS OF THE CAR EER LADDER ARE AS FO LLOWS:
(I) LEVEL ONE IS AN EARLY CHILDHOOD TEACHING A SSISTANT;
(II) LEVEL TWO IS A PREKIN DERGARTEN LEAD TEACH ER; AND
WES MOORE, Governor Ch. 165
– 17 –
(III) LEVEL THREE IS AN EARLY CHI LDHOOD CONSULTING
TEACHER.
(2) IN ORDER TO QUALIFY A S AN EARLY CHILDHOOD TEACHING
ASSISTANT, AN EDUCATOR SHALL :
(I) 1. HOLD A HIGH SCHOOL DI PLOMA; AND
2. ON OR BEFORE JULY 1, 2027:
A. EARN AND MAINTAIN A CHILD DEVELOPMENT
ASSOCIATE (CDA) WITH A PRESCHOOL DES IGNATION; OR
B. HOLD AN ASSOCIATE DEG REE IN EARLY CHILDHO OD
EDUCATION OR CHILD D EVELOPMENT ; OR
(II) ON JULY 1, 2024, HAVE DOCUMENTED EXPE RIENCE OF
ACTIVELY PROVIDING S ERVICES IN EARLY CHI LDHOOD EDUCA TION FOR A MINIMUM
OF 15 YEARS FOR AT LEAST :
1. 20 HOURS PER WEEK ; AND
2. 180 DAYS PER YEAR.
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , IN
ORDER TO QUALIFY AS A PREKINDERGARTEN LE AD TEACHER, AN EDUCATOR SHALL :
1. HOLD AT LEAST A BACHELOR ’S DEGREE IN EARLY
CHILDHOOD EDUCATION , CHILD DEVELOPMENT , OR A RELATED FIELD F ROM AN
INSTITUTION OF HIGHE R EDUCATION ACCREDIT ED BY AN INSTITUTION AL
ACCREDITING ASSOCIAT ION RECOGNIZED BY TH E U.S. DEPARTMENT OF
EDUCATION;
2. A. HOLD AT LE AST A BACHELOR ’S DEGREE IN
EARLY CHILDHOOD EDUC ATION, CHILD DEVELOPMENT , OR A RELATED FIELD F ROM
AN INSTITUTION OF HI GHER EDUCATION IN AN OTHER COUNTRY ; AND
B. HAVE THAT DEGREE THE DEGREE UNDER ITE M A OF
THIS ITEM VERIFIED AS COMPARAB LE TO A BACHELOR’S DEGREE GRANTED BY AN
ACCREDITED INSTITUTI ON OF HIGHER EDUCATI ON IN THE UNITED STATES BY AN
INDEPENDENT AGENCY A UTHORIZED TO ANALYZE FOREIGN CREDENTIALS
SELECTED BY THE DEPARTMENT ;
Ch. 165 2024 LAWS OF MARYLAND
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3. HOLD A BACHELOR ’S DEGREE IN A FIELD UNRELATED
TO EARLY CH ILDHOOD EDUCATION FR OM AN INSTITUTION OF HIGHER EDUCATION
ACCREDITED BY AN INS TITUTIONAL ACCREDITI NG ASSOCIATION APPRO VED BY THE
U.S. DEPARTMENT OF EDUCATION; OR
4. SUBJECT TO SUBPARAGRA PH (III) OF THIS
PARAGRAPH , ON JULY 1, 2024, HAVE DOCUMENTED EXPE RIENCE OF ACTIVELY
PROVIDING SERVICES I N EARLY CHILDHOOD ED UCATION FOR A MINIMU M OF 10
YEARS FOR AT LEAST :
A. 20 HOURS PER WEEK ; AND
B. 180 DAYS PER YEAR.
(II) IN ORDER TO QUALIFY A S A PREKINDERGARTEN LEAD
TEACHER THROUGH ANY PATHWAY OTHER THAN THE PATHWAY DES CRIBED UNDER
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH , AN EDUCATOR MUST ACH IEVE A
MINIMUM SCORE ON THE CLASSROOM ASSESSMENT SCORING SYSTEM (CLASS)
ASSESSMENT AS SET BY THE DEPARTMENT IN ADDITIO N TO THE REQUIREMENT S
LISTED UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH .
(III) 1. ON OR BEFORE JULY 1, 2030, A PREKINDERGARTEN
LEAD TEACHER WHO QUA LIFIES THROUGH THE P ATHWAY DESCRIBED UND ER
SUBPARAGRAPH (I)4 OF THIS PARAGRAPH SH ALL EARN AN ASSOCIAT E DEGREE IN
EARLY CHILDHOOD EDUC ATION.
2. TEACHERS FROM LEVEL THREE O F THE CAREER
LADDER SHALL MENTOR AND PROVIDE PROFESSI ONAL SUPPORT TO A
PREKINDERGARTEN LEAD TEACHER DESCRIBED UN DER THIS SUBPARAGRAP H TO
ENSURE THAT THE TEAC HER EARNS A DEGREE W ITHIN THE REQUIRED A MOUNT OF
TIME.
(IV) IN ORDER TO MA INTAIN STATUS AS A P REKINDERGARTEN
LEAD TEACHER , EACH YEAR A LEAD TEA CHER SHALL COMPLETE AT LEAST 20
WORKING HOURS OF PRO FESSIONAL LEARNING A ND DEVELOPMENT IN :
1. EARLY CHILDHOOD INSTR UCTION;
2. DEVELOPMENTALLY APPRO PRIATE PRACTICE ; AND
3. ANY OTHER PROFESSIONA L SKILL AREAS THE
DEPARTMENT DETERMINES ARE VALUABLE .
WES MOORE, Governor Ch. 165
– 19 –
(4) IN ORDER TO QUALIFY A S AN EARLY CHILDHOOD CONSULTING
TEACHER, AN EDUCATOR SHALL :
(I) BE A PREKINDERGARTEN LEAD TEACHER IN GOOD
STANDING;
(II) BEGINNING IN THE 2027–2028 SCHOOL YEAR , HOLD EARLY
CHILDHOOD EDUCATION CERTIFICATION OR BE PURSUING CERTIFICATI ON;
(III) BE ABLE TO LEAD OTHER EARLY CHILDHOOD EDUC ATORS
IN AN EFFECTIVE AND DISCIPLINED WAY TO I MPROVE THE CURRICULU M AND
INSTRUCTION OF PREKI NDERGARTEN STUDENTS ;
(IV) DEMONSTRATE THE SKILL S AND KNOWLEDGE TO M ENTOR
EARLY CHILDHOOD ASSI STANT TEACHERS AND N EW PREKINDERGARTEN L EAD
TEACHERS, INCLUDING BY HELPING THEM TO MEET THE EDU CATIONAL AND
CERTIFICATION QUALIF ICATIONS NECESSARY T O QUALIFY FOR AND MA INTAIN
STATUS ON THE CAREER LAD DER; AND
(V) SUPERVISE AND SUPPORT PREKINDERGARTEN LEAD
TEACHERS, IF PRACTICABLE THROU GH PREKINDERGARTEN P ROVIDER HUBS , IN
ONE OR MORE SITES IN ORDER TO IMPROVE DEV ELOPMENTALLY APPROPR IATE
INSTRUCTIONAL PRACTI CES FOR PREKINDERGAR TEN STUDENTS.
7–1A–09.
(A) (1) THE DEPARTMENT SHALL ESTA BLISH PREKINDERGARTE N
PROVIDER HUBS IN CEN TRALIZED AND DIVERSE LOCATIONS THROUGHOUT THE
STATE.
(2) PREKINDERGARTEN PROVI DER HUBS SHALL BE DE SIGNED TO
HELP BRING AS MANY PEOPLE PROVIDERS INTO THE STATE’S MIXED
PREKINDERGARTEN DELI VERY SYSTEM AS POSSI BLE.
(3) PREKINDERGARTEN PROVI DER HUBS SHALL FORM
PARTNERSHIPS BETWEEN :
(I) EARLY CHILDHOOD EDUCA TORS ON THE EARLY
CHILDHOOD EDUCATOR C AREER LADDER ;
(II) CHILD CARE CENTERS LI CENSED UNDER TITLE 9.5,
SUBTITLE 4 OF THIS ARTICLE;
Ch. 165 2024 LAWS OF MARYLAND
– 20 –
(III) FAMILY CHILD CARE HOM ES OR LARGE FAMILY C HILD CARE
HOMES REGISTERED UND ER TITLE 9.5, SUBTITLE 3 OF THIS ARTICLE; AND
(IV) ANY OTHER ENTITIES TH AT THE DEPARTMENT
DETERMINES WILL AID IN BRINGING ELIGIBLE CHILDREN INTO THE STATE’S MIXED
DELIVERY SYSTEM .
(4) PREKINDERGARTEN PROVI DER HUBS SHALL COORD INATE
SUPPORT AMONG ENTITI ES THAT SERVE CHILDR EN AND THEIR FAMILIE S TO
ENSURE THAT THE MAXI MUM NUMBER OF ELIGIB LE CHILDREN ARE ABLE TO BE
PLACED IN A PREKINDE RGARTEN SLOT.
(B) (1) THE DEPARTMENT SHALL ESTA BLISH A PROGRAM TO A ID
ELIGIBLE PREKINDERGA RTEN PROVIDERS IN ME ETING THE REQUIREMEN TS OF
THIS SUBTITLE.
(2) THE PROGRAM SHALL PRO VIDE TO ELIGIBLE PRI VATE
PROVIDERS:
(I) INFORMATION ON PROFES SIONAL DEVELOPMENT
OPPORTUNITIES FOR TE ACHERS AND TEACHING ASSISTANTS;
(II) TECHNICAL SUPPORT FOR MEETING REQUIREMENTS TO
ENROLL IN CHILD CARE SUPPORT PROGRAMS ; AND
(III) ASSISTANCE WITH IMPLE MENTING EARLY CHILDH OOD
CURRICULUM STANDARDS.
(3) TO THE EXTENT PRACTIC ABLE, THE DEPARTMENT SHALL
PROVIDE PROGRAMMATIC SUPPORT IN ACCORDANC E WITH THIS SUBSECTI ON
THROUGH PREKINDERGAR TEN PROVIDER HUBS .
(B) (C) (1) THE DEPARTMENT SHALL PUBL ISH A LIST OF ELIGIB LE
PRIVATE PROVIDERS IN EACH LOCAL SCHOOL SY STEM ON ITS WEBSITE AND
DISTRIBUTE THE LIST TO THE FOLLOWING ENT ITIES AND ORGANIZATI ONS LOCATED
WITHIN THE AREAS IN WHICH THE ELIGIBLE P RIVATE PROVIDERS ARE LOCATED:
(I) A LOCAL OFFICE OF ECON OMIC DEVELOPMENT ;
(II) THE MARYLAND SMALL BUSINESS DEVELOPMENT
CENTER;
(III) A LOCAL MANAGEMENT BOA RD; WES MOORE, Governor Ch. 165
– 21 –
(IV) A LOCAL WORKFORCE DEVE LOPMENT BOARD ; AND
(V) A LOCAL OFFICE SUPPORT ING MINORITY AND
WOMEN–OWNED BUSINESSES .
(2) AN ENTITY OR ORGANIZA TION LISTED UNDER PA RAGRAPH (1) OF
THIS SUBSECTION SHAL L, IF APPLICABLE, ASSIST A PRIVATE PRE KINDERGARTEN
PROVIDER IN ITS JURI SDICTION WITH:
(I) ENROLLING IN BUSINESS SUPPORT SERVICES FOR WHICH
THE PROVIDER QUALIFI ES; AND
(II) ADOPTING A BUSINESS P LAN TO HELP THE PROV IDER MEET
THE REQUIREMENTS OF THIS SUBTITLE.
(3) TO THE EXTENT PRACTIC ABLE, ORGANIZATIONS LISTED UNDER
PARAGRAPH (1) OF THIS SUBSECTION S HALL WORK WITH PREKI NDERGARTEN
PROVIDER HUBS TO PRO VIDE SUPPORT.
(C) (D) THE DEPARTMENT SHALL PUBL ICIZE THE AVAILABILI TY OF
PUBLICLY FUNDED PREK INDERGARTEN PROGRAMS TO THE PUBLIC.
[7–1A–08.] 7–1A–10.
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;
(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; Ch. 165 2024 LAWS OF MARYLAND
– 22 –
(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.
[7–1A–09.] 7–1A–10. 7–1A–11.
The Department shall adopt regulations to carry out the provisions of this subtitle.
9.5–903.
(a) There is a Child Care Incentive Grant Program.
(b) The Office may award funding to a child care provider through the program
for the purpose of improving the child care provider’s quality of care through the purchase
of Office–approved:
(1) Materials;
(2) Equipment; or
(3) Supplies.
(c) For each of fiscal years 2022 through [2030] 2032, funding for the program
shall increase by 10% over the prior fiscal year.
9.5–904.
(a) There is a Maryland Child Care Credential Program.
(b) An individual may apply to the Office for a staff credential, including a child
development associate credential, or an administrator credential under this subsection.
(c) If a person pursues, obtains, or already holds an Office–approved credential,
the Office may award to the individual:
(1) An achievement bonus; WES MOORE, Governor Ch. 165
– 23 –
(2) A training reimbursement; or
(3) A training voucher.
(d) (1) The Governor shall appropriate $4,000,000 for the program for fiscal
year 2021.
(2) For each of fiscal years 2022 through [2024] 2026, funding for the
program shall increase by 10% over the prior fiscal year.
(3) FOR FISCAL YEAR 2026, THE GOVERNOR SHALL APPROPRI ATE
FOR THE PROGRAM AN A MOUNT THAT IS AT LEA ST EQUAL TO THE AMOU NT
APPROPRIATED IN FISC AL YEAR 2024.
(4) FOR EACH OF FISCAL YE ARS 2027 THROUGH 2030, THE
GOVERNOR SHALL APPROP RIATE FOR THE PROGRA M AN AMOUNT THAT IS AT LEAST
EQUAL TO THE AMOUNT APPROPRIA TED IN THE PRIOR FIS CAL YEAR.
9.5–905.
(a) There is a Child Care Career and Professional Development Fund.
(b) The Office may award funding from the Fund to an individual who has:
(1) Obtained at least a level 2 in the Maryland Child Care Credential
Program under § 9.5–904 of this subtitle;
(2) Documented at least 1 year of experience working with groups of
children in an approved setting; [and]
(3) Been accepted by an accredited college or university for enrollment in
at least one course for credit toward a degree in early childhood education or A related field;
AND
(4) COMMITTED TO WORK IN AN APPROVED CHILD CA RE SETTING
FOR AT LEAST 20 HOURS PER WEEK FOR A PERIOD OF TIME DETER MINED BY THE
OFFICE AFTER COMPLETI NG THE COURSE OF STUDY UNDE R SUBSECTION (D)(2) OF
THIS SECTION.
(C) TO CARRY OUT THE PURP OSE OF THE PROGRAM, AWARDS SHALL BE
PRIORITIZED TO THE F OLLOWING APPLICANTS :
(1) AN APPLICANT WHO HAS NOT COMPLETED ANY CO LLEGE
COURSES FOR CREDIT F ROM AN ACCREDITED CO LLEGE OR UNIVERSITY ; AND Ch. 165 2024 LAWS OF MARYLAND
– 24 –
(2) AN APPLICANT WHO ATTE NDS OR HAS BEEN ACCE PTED BY AN
ACCREDITED COLLEGE O R UNIVERSITY THAT OF FERS NATIVE LANGUAGE OR
BILINGUAL COURSEWORK IN EARLY CHILDHOOD E DUCATION OR A RELATE D FIELD.
[(c)] (D) An award under this section may only be:
(1) Applied toward the cost of:
(i) Tuition and fees; or
(ii) Textbooks required by a course in which the awardee is enrolled;
and
(2) Used by the awardee for the actual expense of college coursework
incurred subsequent to an award toward the completion of:
(i) A college degree in early childhood education or a related field;
or
(ii) Developmental coursework required to meet prerequisites for a
degree program in early childhood education or a related field.
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE DEPARTMENT , AN AWARD
RECIPIENT SHALL REPA Y THE OFFICE THE FUNDS RECE IVED UNDER THIS SECT ION
IF THE RECIPIENT DOE S NOT PERFORM THE SE RVICE OBLIGATION REQ UIRED
UNDER SUBSECTION (B)(4) OF THIS SECTION.
(2) THE OFFICE MAY WAIVE OR D EFER PAYMENT IF THE RECIPIENT
PROVIDES TO THE OFFICE SATISFACTORY E VIDENCE OF EXTENUATI NG
CIRCUMSTANCES , INCLUDING ILLNESS OR DISABILITY, THAT PREVENT THE
RECIPIENT FROM FULFI LLING THE SERVICE OBLIGA TION REQUIRED UNDER
SUBSECTION (B)(4) OF THIS SECTION.
(F) FOR EACH OF FISCAL YE ARS 2026 THROUGH 2030, THE GOVERNOR
SHALL APPROPRIATE FO R THE FUND AN AMOUNT THAT I S AT LEAST EQUAL TO THE
AMOUNT APPROPRIATED IN THE PRIOR FISCAL YEAR.
9.5–906.
(a) The Office shall award a program that participates in the Maryland EXCELS
Program a bonus:
(1) On initial publication of a quality rating level 1, 2, 3, or 4; WES MOORE, Governor Ch. 165
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(2) On each publication of a higher quality rating level after the initial
publication;
(3) On initial publication of a quality rating level 5; and
(4) Annually on renewal and republication of a quality rating level 5.
(b) (1) The Governor shall appropriate in fiscal year 2023 $5,000,000.
(2) For each of fiscal years 2024 through [2028] 2030, funding for the
program shall increase by 10% over the prior fiscal year.
(3) FOR EACH OF FISCAL YE ARS 2029 AND 2030, THE GOVERNOR
SHALL APPROPRIATE FO R THE PROGRAM AN AMO UNT THAT IS AT LEAST EQUAL TO
THE AMOUNT APPROPRIAT ED IN THE PRIOR FISC AL YEAR.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, April 25, 2024.