EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1062*
SENATE BILL 1062
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By: Senator Hershey
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment and Budget and Taxation
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 TH E GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Education 24
5–229. 25
2 SENATE BILL 1062
(a) (1) In this section the following words have the meanings indicated. 1
(2) “County program amount” means, for each county, the product of the 2
per pupil amount and the prekindergarten enrollment. 3
(3) “Family share” means the amount calculated under subsection (e) of 4
this section rounded to the nearest whole dollar. 5
(4) “Local share” means, for each county, the result of the county program 6
amount minus the State share rounded to the nearest whole dollar. 7
(5) “Per pupil amount” means: 8
(i) In fiscal year 2023, $10,094; 9
(ii) In fiscal year 2024, $11,594; 10
(iii) In fiscal year 2025, $13,003; 11
(iv) In fiscal year 2026, $14,473; 12
(v) In fiscal year 2027, $15,598; 13
(vi) In fiscal year 2028, $16,811; 14
(vii) In fiscal year 2029, $18,118; 15
(viii) In fiscal year 2030, $19,526; and 16
(ix) In subsequent fiscal years, the per pupil amount for the prior 17
fiscal year increased by the inflation adjustment rounded to the nearest whole dollar. 18
(6) “Prekindergarten enrollment” means: 19
(i) Beginning in fiscal year 2023, the number of Tier I children 20
enrolled with an eligible prekindergarten provider; and 21
(ii) Beginning in fiscal year [2025] 2028, the number of Tier I and 22
Tier II children enrolled with an eligible prekindergarten provider. 23
(7) “State share” means, for each county, rounded to the nearest whole 24
dollar, the following calculations multiplied by 0.5: 25
(i) Multiply the per pupil amount by the county’s prekindergarten 26
enrollment; 27
SENATE BILL 1062 3
(ii) Divide the result calculated under item (i) of this paragraph by 1
the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per 2
pupil; and 3
(iii) Multiply the result calculated under item (ii) of this paragraph 4
by the result, rounded to seven decimal places, that results from dividing the total program 5
amount by the sum of all of the results calculated under item (ii) of this paragraph for all 6
counties. 7
(8) “Tier I child” has the meaning stated in § 7–1A–01 of this article. 8
(9) “Tier II child” has the meaning stated in § 7–1A–01 of this article. 9
(10) “Tier III child” has the meaning stated in § 7–1A–01 of this article. 10
(11) “Total program amount” means the product of the per pupil amount and 11
the statewide prekindergarten enrollment. 12
(c) (1) (i) As calculated under subsection (d) of this section, there is a State 13
share and local share of the per pupil amount for Tier I children. 14
(ii) There is no family share for Tier I children. 15
(2) As calculated under subsection (e) of this section and beginning in fiscal 16
year [2025] 2028, there is a State share, local share, and family share of the per pupil 17
amount for Tier II children. 18
(3) Tier III children are not eligible for funding under this section. 19
(e) (1) On or before July 1, 2022, the Department shall establish a sliding scale 20
to calculate the family share required for Tier II children. 21
(2) The sliding scale developed by the Department shall be increased on a 22
linear basis with: 23
(i) A lower limit of $0 per pupil for a family with an income that is 24
300% of the federal poverty level; and 25
(ii) An upper limit of the per pupil amount for a family with an 26
income that is more than 300% but less than 600% of the federal poverty level. 27
(3) (i) Beginning in fiscal year [2025] 2028, the family shall pay the 28
family share to the publicly funded prekindergarten provider. 29
(ii) A county board may provide up to 100% of the family share on 30
behalf of the family. 31
4 SENATE BILL 1062
5–415. 1
(A) THE BOARD SHALL ESTABLISH A PLAN TO WITHHOLD F UNDING FROM A 2
COUNTY BOARD FOR : 3
(1) INAPPROPRIATE SPENDIN G IDENTIFIED IN A FI SCAL AUDIT, AN 4
ANNUAL SCHOOL –BASED EXPENDITURE RE PORT, OR AN INVESTIGATION BY THE 5
INSPECTOR GENERAL IN THE MARYLAND OFFICE OF THE INSPECTOR GENERAL 6
FOR EDUCATION; AND 7
(2) UNSATISFACTORY RESULT S ON THE MARYLAND 8
COMPREHENSIVE ASSESSMENT PROGRAM (MCAP). 9
(B) THE BOARD SHALL ESTABLISH THE FISCAL STANDARDS AND MCAP 10
STANDARDS THAT W OULD REQUIRE FUNDING TO BE WITHHELD FROM A COUNTY 11
BOARD FOR THE NEXT F ISCAL YEAR OR FOR TH E CURRENT FISCAL YEA R, 12
DEPENDING ON THE SEV ERITY OF THE VIOLATI ON. 13
(C) IF THE BOARD FINDS THAT A CO UNTY BOARD HAS INAPP ROPRIATELY 14
SPENT FUNDS OR HAS U NSATISFACTOR Y MCAP RESULTS, THE BOARD MAY DIRECT 15
THAT THE GREATER OF THE FOLLOWING AMOUNT S BE WITHHELD FOR TH E NEXT 16
FISCAL YEAR: 17
(1) UP TO 25% OF THE STATE SHARE OF MAJOR EDUCATION AID , AS 18
DEFINED IN § 5–201 OF THIS TITLE; OR 19
(2) AN AMOUNT EQUAL TO TH E AMOUNT OF INAPPROPRIATE 20
SPENDING IN THE STATE SHARE OF MAJOR EDUCATION AID . 21
(D) (1) IF THE BOARD FINDS THAT FUND ING SHOULD NOT BE RE LEASED 22
UNDER SUBSECTION (C) OF THIS SECTION , THE BOARD SHALL , ON OR BEFORE 23
DECEMBER 1, ISSUE AN INITIAL WAR NING TO THE COUNTY S UPERINTENDENT THAT 24
FUNDS MAY NOT BE REL EASED IN THE NEXT FI SCAL YEAR. 25
(2) A WARNING ISSUED UNDER PARAGRAPH (1) OF THIS SUBSECTION 26
SHALL INFORM THE COU NTY SUPERINTENDENT O F: 27
(I) THE FINDINGS BY THE BOARD AND THE REASONI NG FOR 28
THE FINDINGS; AND 29
(II) ANY STEPS THAT MAY BE UNDERTAKEN TO REMEDY THE 30
FINDINGS. 31
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(3) ON OR BEFORE FEBRUARY 1, THE BOARD SHALL MAKE A FI NAL 1
DETERMINATION ON WHE THER TO RELEASE OR N OT RELEASE FUNDS FOR THE NEXT 2
FISCAL YEAR AND SHAL L NOTIFY THE COUNTY SUPERINTENDENT . 3
(E) (1) ON OR BEFORE JUNE 1, THE BOARD SHALL NOTIFY TH E STATE 4
SUPERINTENDENT AND TH E COMPTROLLER FOR PURPO SES OF § 5–205 OF THIS 5
TITLE OF THE BOARD’S FINAL DECISION TO RELEASE OR NOT RELEA SE FUNDS 6
UNDER SUBSECTION (D) OF THIS SECTION FOR THE NEXT FISCAL YEAR . 7
(2) THE BOARD SHALL NOTIFY TH E GOVERNOR, THE PRESIDENT OF 8
THE SENATE, AND THE SPEAKER OF THE HOUSE OF ITS DECISION UNDER 9
PARAGRAPH (1) OF THIS SUBSECTION . 10
(F) (1) IF THE BOARD FINDS THAT FUND ING SHOULD NOT BE RE LEASED 11
UNDER SUBSECTION (C) OF THIS SECT ION FOR THE CURRENT FISCAL YEAR, THE 12
BOARD SHALL NOTIFY TH E COUNTY SUPERINTEND ENT AND THE STATE 13
SUPERINTENDENT AND TH E COMPTROLLER AS SOON A S PRACTICABLE FOR 14
PURPOSES OF § 5–205 OF THIS TITLE. 15
(2) THE BOARD SHALL NOTIFY TH E GOVERNOR, THE PRESIDENT OF 16
THE SENATE, AND THE SPEAKER OF THE HOUSE OF ITS DECISION UNDER 17
PARAGRAPH (1) OF THIS SUBSECTION . 18
(G) THE BOARD SHALL DIRECT FU NDS WITHHELD IN ACCO RDANCE WITH 19
THIS SECTION TO BE R ELEASED IF THE BOARD FINDS THAT A CO UNTY BOARD HAS 20
MET THE GUIDELINES D EVELOPED BY THE BOARD TO RELEASE WITH HELD 21
FUNDING. 22
(H) THE BOARD SHALL DEVELOP A N APPEALS PROCESS TH ROUGH WHICH A 23
COUNTY BOARD , LOCAL SCHOOL SYSTEM , OR PUBLIC SCHOOL MAY CONTEST THE 24
WITHHOLDING OF FUNDS UNDER THIS SECTION . 25
7–1A–03. 26
(a) Except as provided under subsection (b) of this section, a county board shall 27
ensure that: 28
(1) Beginning in the 2022–2023 school year, prekindergarten slots 29
provided by eligible private providers shall account for at least 30% of the total 30
prekindergarten slots provided by eligible prekindergarten providers in each county; 31
(2) [The proportion of eligible private provider prekindergarten slots in 32
each county increases by 5 percentage points every school year, until, in the 2026–2027] 33
BY THE 2029–2030 school year, eligible private provider prekindergarten slots SHALL 34 6 SENATE BILL 1062
account for at least 50% of eligible prekindergarten provider prekindergarten slots in each 1
county; and 2
(3) In each year after the [2026–2027] 2029–2030 school year, the 3
proportion of eligible private provider prekindergarten slots in each county shall continue 4
to constitute at least 50% of eligible prekindergarten provider prekindergarten slots in each 5
county. 6
(b) (1) The Department shall issue a waiver from the requirements of this 7
section to a county board if: 8
(i) All families in the county who desire to enroll their eligible 9
children with eligible prekindergarten providers are able to do so; or 10
(ii) After reasonable cross–jurisdictional or regional efforts, there 11
are too few eligible private providers to meet the minimum requirements of this section. 12
(2) The Department may exclude by annual waiver Tier I children who are 13
3 years old in a county from the calculation under subsection (a) of this section until the 14
2029–2030 school year. 15
(3) [The Department may exclude by annual waiver Tier I children who 16
are 4 years old in a county from the calculation under subsection (a) of this section until 17
the 2026–2027 school year. 18
(4)] The Department shall establish waiver application procedures to carry 19
out the provisions of this subsection. 20
7–1A–04. 21
(a) (1) Except as provided in paragraph (2) of this subsection, all eligible 22
prekindergarten providers shall include structural elements that are evidence–based and 23
nationally recognized as important for ensuring program quality, including: 24
(i) Beginning in the [2027–2028] 2030–2031 school year: 25
1. High staff qualifications, including teachers who, at a 26
minimum, hold: 27
A. State certification for teaching in early childhood 28
education; or 29
B. A bachelor’s degree in any field and are pursuing 30
residency through the Maryland Approved Alternative Preparation Program, which 31
includes early childhood coursework, clinical practice, and evidence of pedagogical content 32
knowledge; and 33
SENATE BILL 1062 7
2. Teaching assistants who have at least: 1
A. A Child Development Associate (CDA) certificate; or 2
B. An associate’s degree; 3
(ii) Professional development for all staff; 4
(iii) A student–to–classroom personnel ratio of no more than 10 to 1 5
in each class; 6
(iv) Class sizes of no more than 20 students per classroom; 7
(v) A full–day prekindergarten program; 8
(vi) Inclusion of students with disabilities to ensure access to and full 9
participation in all program opportunities; 10
(vii) For at least 1 year before a student’s enrollment in kindergarten, 11
learning environments that: 12
1. Are aligned with State Early Learning and Development 13
Standards; 14
2. Use evidence–based curricula; and 15
3. Use instruction methods that are: 16
A. Developmentally appropriate; and 17
B. Culturally and linguistically responsive; 18
(viii) Individualized accommodations and supports for all students; 19
(ix) Instructional staff salaries and benefits that are comparable to 20
the salaries and benefits of instructional staff employed by the county board of the county 21
in which the early learning program is located; 22
(x) Program evaluation to ensure continuous program improvement; 23
(xi) On–site or accessible comprehensive services for students; 24
(xii) Community partnerships that promote access to comprehensive 25
services for families of students; and 26
(xiii) Evidence–based health and safety standards. 27
8 SENATE BILL 1062
(2) An eligible prekindergarten provider that is a Montessori school or 1
Montessori program shall include all of the structural elements listed in paragraph (1) of 2
this subsection except the following: 3
(i) For staff qualifications, the eligible prekindergarten provider 4
shall employ teachers who: 5
1. Hold a bachelor’s degree in any field; and 6
2. Hold a Montessori credential issued by: 7
A. The Association Montessori Internationale; 8
B. The American Montessori Society; or 9
C. A program accredited by the Montessori Accreditation 10
Council for Teacher Education; and 11
(ii) For the student –to–classroom personnel ratio, the 12
prekindergarten provider shall maintain a student–to–classroom personnel ratio of: 13
1. No more than 10 to 1, with a maximum of 20 students per 14
classroom if all of the students are under the age of 5 years; and 15
2. No more than 14 to 1, with a maximum of 28 students per 16
classroom if some of the students are at least 5 years old. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2024. 19