EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0902*
HOUSE BILL 902
F1 4lr2933
By: Delegates Ghrist, Edelson, Harris, Smith, Solomon, and Wolek
Introduced and read first time: February 2, 2024
Assigned to: Appropriations
Committee Report: Favorable
House action: Adopted
Read second time: March 4, 2024
CHAPTER ______
AN ACT concerning 1
Prekindergarten – Ulysses Currie Head Start Program – Eligibility for State 2
Funds 3
FOR the purpose of authorizing a provider in the Ulysses Currie Head Start Program to 4
receive certain State funds under certain circumstances; exempting providers in the 5
Program from certain State requirements for eligible prekindergarten providers; and 6
generally relating to the Ulysses Currie Head Start Program. 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 5–231 and 7–1A–04 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2023 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Education 15
5–231. 16
(a) The Head Start Program in the State shall be referred to as the Ulysses Currie 17
Head Start Program. 18
2 HOUSE BILL 902
(b) For each fiscal year, the Governor shall include in the annual State budget an 1
appropriation of at least $3,000,000 for the Ulysses Currie Head Start Program. 2
(C) A PROVIDER IN THE ULYSSES CURRIE HEAD START PROGRAM IS 3
ELIGIBLE TO RECEIVE FULL STATE FUNDS UNDER § 5–229 OF THIS SUBTITLE EVEN 4
IF THE PROGRAM RECEIVES FEDE RAL FUNDS. 5
7–1A–04. 6
(a) (1) Except as provided in [paragraph] PARAGRAPHS (2) AND (3) of this 7
subsection, all eligible prekindergarten providers shall include structural elements that are 8
evidence–based and nationally recognized as important for ensuring program quality, 9
including: 10
(i) Beginning in the 2027–2028 school year: 11
1. High staff qualifications, including teachers who, at a 12
minimum, hold: 13
A. State certification for teaching in early childhood 14
education; or 15
B. A bachelor’s degree in any field and are pursuing 16
residency through the Maryland Approved Alternative Preparation Program, which 17
includes early childhood coursework, clinical practice, and evidence of pedagogical content 18
knowledge; and 19
2. Teaching assistants who have at least: 20
A. A Child Development Associate (CDA) certificate; or 21
B. An associate’s degree; 22
(ii) Professional development for all staff; 23
(iii) A student–to–classroom personnel ratio of no more than 10 to 1 24
in each class; 25
(iv) Class sizes of no more than 20 students per classroom; 26
(v) A full–day prekindergarten program; 27
(vi) Inclusion of students with disabilities to ensure access to and full 28
participation in all program opportunities; 29
(vii) For at least 1 year before a student’s enrollment in kindergarten, 30
learning environments that: 31 HOUSE BILL 902 3
1. Are aligned with State Early Learning and Development 1
Standards; 2
2. Use evidence–based curricula; and 3
3. Use instruction methods that are: 4
A. Developmentally appropriate; and 5
B. Culturally and linguistically responsive; 6
(viii) Individualized accommodations and supports for all students; 7
(ix) Instructional staff salaries and benefits that are comparable to 8
the salaries and benefits of instructional staff employed by the county board of the county 9
in which the early learning program is located; 10
(x) Program evaluation to ensure continuous program improvement; 11
(xi) On–site or accessible comprehensive services for students; 12
(xii) Community partnerships that promote access to comprehensive 13
services for families of students; and 14
(xiii) Evidence–based health and safety standards. 15
(2) An eligible prekindergarten provider that is a Montessori school or 16
Montessori program shall include all of the structural elements listed in paragraph (1) of 17
this subsection except the following: 18
(i) For staff qualifications, the eligible prekindergarten provider 19
shall employ teachers who: 20
1. Hold a bachelor’s degree in any field; and 21
2. Hold a Montessori credential issued by: 22
A. The Association Montessori Internationale; 23
B. The American Montessori Society; or 24
C. A program accredited by the Montessori Accreditation 25
Council for Teacher Education; and 26
(ii) For the student –to–classroom personnel ratio, the 27
prekindergarten provider shall maintain a student–to–classroom personnel ratio of: 28 4 HOUSE BILL 902
1. No more than 10 to 1, with a maximum of 20 students per 1
classroom if all of the students are under the age of 5 years; and 2
2. No more than 14 to 1, with a maximum of 28 students per 3
classroom if some of the students are at least 5 years old. 4
(3) FOR AN ELIGIBLE PREKINDERGA RTEN PROVIDER IN THE 5
ULYSSES CURRIE HEAD START PROGRAM UNDER § 5–231 OF THIS ARTICLE , IF A 6
STRUCTURAL ELEMENT L ISTED IN PARAGRAPH (1) OF THIS SUBSECTION C ONFLICTS 7
WITH A FEDERAL REQUI REMENT FOR THE ULYSSES CURRIE HEAD START 8
PROGRAM, A PREKINDERGARTEN PR OVIDER IN THE ULYSSES CURRIE HEAD START 9
PROGRAM SHALL FOLLOW THE FEDERAL REQUIREMENTS AN D IS EXEMPT FROM THE 10
CONFLICTING STRUCTUR AL ELEMENT. 11
(b) In addition to the requirements listed in subsection (a) of this section, an 12
eligible prekindergarten provider shall: 13
(1) If the provider is an eligible private provider, achieve a quality rating 14
level of 3 in the Maryland EXCELS program and publish that quality rating in a publicly 15
available manner, determined by the Department; 16
(2) If the provider is an eligible public provider, achieve a quality rating 17
level of 4 in the Maryland EXCELS program and publish that quality rating in a publicly 18
available manner, determined by the Department; 19
(3) Submit to the Department a plan to achieve a quality rating level 5 in 20
the Maryland EXCELS program within 5 years after becoming an eligible prekindergarten 21
provider; 22
(4) Achieve in accordance with the plan a quality rating level 5 in the 23
Maryland EXCELS program within 5 years after becoming an eligible prekindergarten 24
provider and publish that quality rating in a publicly available manner, determined by the 25
Department; and 26
(5) Except as otherwise provided in § 7–1A–07 of this subtitle, be open for 27
pupil attendance in accordance with § 7–103 of this title. 28
(c) (1) An eligible prekindergarten provider may not engage in explicitly 29
religious activities during school hours. 30
(2) If an eligible prekindergarten provider engages in an explicitly religious 31
activity, the activity shall be: 32
(i) Separate in time and location from any instruction offered by the 33
eligible prekindergarten provider; and 34 HOUSE BILL 902 5
(ii) Voluntary. 1
(3) (i) An eligible prekindergarten provider shall make reasonable 2
efforts to make the areas where prekindergarten children spend time during school hours 3
as nonsectarian as possible. 4
(ii) An eligible prekindergarten provider may not be required to 5
adopt any rule, regulation, or policy that conflicts with its religious or moral teachings. 6
(4) (i) An eligible prekindergarten provider shall comply with Title VI 7
of the Civil Rights Act of 1964, as amended, Title 20, Subtitle 6 of the State Government 8
Article, and not discriminate in student admissions, retention, or expulsion or otherwise 9
discriminate against any student or parent of a student on the basis of race, color, national 10
origin, disability, sexual orientation, or gender identity or expression. 11
(ii) If a student has a disability, placement of the student shall be 12
based on where the student will be best served. 13
(iii) An eligible prekindergarten provider found to have violated the 14
nondiscrimination requirements under this section: 15
1. May not continue to be an eligible prekindergarten 16
provider; and 17
2. Shall reimburse the Department all public funds provided 18
under this subtitle minus any amount received from the child care scholarship program. 19
(5) Except as provided in § 7–305.1 of this title, an eligible prekindergarten 20
provider may not suspend or expel a child who is enrolled in a prekindergarten program. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2024. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.