EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1374*
HOUSE BILL 1374
F5 5lr1842
CF SB 780
By: Delegates Ghrist, Adams, Arentz, Baker, Beauchamp, Buckel, Chisholm,
Ciliberti, Grammer, Griffith, Hartman, Hinebaugh, Hornberger,
Hutchinson, Jacobs, Kipke, Mangione, McComas, Metzgar, Miller,
T. Morgan, Nkongolo, Otto, Pippy, Reilly, Rose, Schmidt, Stonko,
Tomlinson, Valentine, and Wivell
Introduced and read first time: February 7, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Prekindergarten – 3–Year–Olds – Private Providers 2
(Parental Choice for Prekindergarten Act) 3
FOR the purpose of altering the definition of “Tier I child” for purposes of publicly provided 4
prekindergarten to not include 3–year–olds and only include certain 4–year–olds; 5
authorizing an eligible private prekindergarten provider to enroll 3–year–olds in 6
publicly provided prekindergarten; requiring an eligible private provider that elects 7
to enroll a Tier I 3–year–old to enter into a certain memorandum of understanding 8
with the State Department of Education and the county board of education; requiring 9
notice about eligible private providers who elect to enroll certain 3–year–olds to be 10
given to certain local departments; and generally relating to the enrollment of 11
3–year–olds in publicly funded prekindergarten. 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 7–1A–01 through 7–1A–03, 7–1A–05, and 7–1A–06 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Education 19
Section 7–1A–04.1 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24 2 HOUSE BILL 1374
Article – Education 1
7–1A–01. 2
(a) In this subtitle the following words have the meanings indicated. 3
(b) “Cost of quality” means the per–pupil amount provided under § 5–229 of this 4
article. 5
(c) “Early childhood educator career ladder” means the career ladder for private 6
provider prekindergarten educators established by the Department under § 7–1A–08 of this 7
subtitle. 8
(d) “Eligible prekindergarten provider” includes an: 9
(1) Eligible public provider; and 10
(2) Eligible private provider. 11
(e) (1) “Eligible private provider” means a community–based early learning 12
program that: 13
(i) Is licensed in the State; 14
(ii) Does not charge more tuition for full–day prekindergarten than 15
the cost of quality; and 16
(iii) Meets the requirements under § 7–1A–04 of this subtitle. 17
(2) “Eligible private provider” includes the Ulysses Currie Head Start 18
Program under § 5–231 of this article. 19
(f) “Eligible public provider” means an early learning program that: 20
(1) Is provided by a county board at a public school; and 21
(2) Meets the requirements under § 7–1A–04 of this subtitle. 22
(g) “Full–day prekindergarten” means an early learning program with a six and 23
one–half hour school day. 24
(h) “Prekindergarten program” means an early learning program at an eligible 25
prekindergarten provider. 26
HOUSE BILL 1374 3
(i) “Prekindergarten provider hub” means a coordinated partnership between 1
eligible prekindergarten providers and other entities established by the Department under 2
§ 7–1A–09 of this subtitle. 3
(j) “Prekindergarten slot” means the available space for a child to attend a 4
prekindergarten program. 5
(k) “Tier I child” means a child: 6
(1) (I) Who is [3 or] 4 years old; 7
[(2) (i)] (II) 1. Whose family income is less than or equal to 300% 8
of the federal poverty level; or 9
[(ii)] 2. Who is a homeless youth; and 10
[(3)] (III) Whose family chooses to enroll the child in full –day 11
prekindergarten; OR 12
(2) (I) WHO IS 3 YEARS OLD; 13
(II) WHO RESIDES IN A COUNTY IN WHICH AN ELIGIBLE PRIVATE 14
PROVIDER ELECTS TO E NROLL 3–YEAR–OLDS IN ITS PREKINDE RGARTEN PROGRAM 15
UNDER § 7–1A–04.1 OF THIS SUBTITLE; 16
(III) 1. WHOSE FAMILY INCOME I S LESS THAN OR EQUAL TO 17
300% OF THE FEDERAL POVER TY LEVEL; OR 18
2. WHO IS A HOMELESS YOUTH ; AND 19
(IV) WHOSE FAMILY CHOOSES TO ENROLL THE CHILD IN 20
FULL–DAY PREKINDERGARTEN WITH AN ELIGIBLE PRI VATE PROVIDER . 21
(l) “Tier II child” means a child: 22
(1) Who is 4 years old; 23
(2) (i) In fiscal year 2026, whose family income is more than 300% but 24
not more than 360% of the federal poverty level; and 25
(ii) In fiscal year 2027 and in each fiscal year thereafter, whose 26
family income is more than 300% but not more than 600% of the federal poverty level; and 27
(3) Whose family chooses to enroll the child in full–day prekindergarten. 28
4 HOUSE BILL 1374
(m) “Tier III child” means a child: 1
(1) Who is 4 years old; 2
(2) Whose family income is more than 600% of the federal poverty level; 3
and 4
(3) Whose family chooses to enroll the child in full–day prekindergarten. 5
7–1A–02. 6
(a) (1) A local department of social services or a local health department shall 7
provide a parent or guardian with oral and written notice that their child may be eligible 8
for publicly funded prekindergarten programs if the parent or guardian: 9
(i) Applied for economic services with the local department of social 10
services or the local health department; and 11
(ii) 1. Has a child who will be [3 or] 4 years old by September 1 12
of the next academic year; OR 13
2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 14
HAS A CHILD WHO WILL BE 3 YEARS OLD BY SEPTEMBER 1 OF THE NEXT ACADEMIC 15
YEAR. 16
(2) The notice required under paragraph (1) of this subsection shall 17
include: 18
(i) Contact information for the enrollment office of the local school 19
system and the Division of Early Childhood Development in the Department; and 20
(ii) Information on the existence of the child care scholarship for 21
before and after full–day prekindergarten programming and the possibility of eligibility for 22
State aid. 23
(3) IF THE DEPARTMENT HAS NOTIFI ED THE LOCAL DEPARTM ENT OF 24
SOCIAL SERVICES OR L OCAL HEALTH DEPARTME NT THAT ELIGIBLE PRI VATE 25
PROVIDERS IN THE COU NTY HAVE ELECTED TO ENROLL TIER I 3–YEAR–OLDS IN 26
ACCORDANCE WITH § 7–1A–04.1 OF THIS SUBTITLE , A LOCAL DEPARTMENT OF 27
SOCIAL SERVICES OR A LOCAL HEALTH DEPARTM ENT SHALL PROVIDE NO TICE TO 28
THE PARENT OR GUARDI AN OF A CHILD WHO WILL BE 3 YEARS OLD BY SEPTEMBER 29
1 OF THE NEXT ACADEMIC YEAR IN ACCORDANCE WITH P ARAGRAPHS (1) AND (2) OF 30
THIS SUBSECTION . 31
[(3)] (4) On or before December 1 of each year, each local department of 32
social services and each local health department shall report to the General Assembly, in 33 HOUSE BILL 1374 5
accordance with § 2–1257 of the State Government Article, on the number of parents who 1
were given a notification and subsequently enrolled their child in a publicly funded 2
prekindergarten program. 3
(b) Each local department of social services or a local health department shall 4
provide to each local school system the name and contact information for each parent or 5
guardian provided notice under subsection (a) of this section. 6
(c) The requirements set forth in § 7–101(b) of this title regarding the domicile of 7
a child and the residency of the child’s parent or guardian shall apply to prekindergarten 8
programs established by county boards as required by this subtitle. 9
7–1A–03. 10
(a) (1) Except as provided under subsection (b) of this section, a county board 11
shall ensure that: 12
[(1)] (I) Beginning in the 2024–2025 school year, prekindergarten slots 13
provided by eligible private providers shall account for at least 10% of the total 14
prekindergarten slots provided by eligible prekindergarten providers in each county; 15
[(2)] (II) The proportion of eligible private provider prekindergarten slots 16
in each county increases by 10 percentage points every school year, until, in the 2028–2029 17
school year, eligible private provider prekindergarten slots account for at least 50% of 18
eligible prekindergarten provider prekindergarten slots in each county; and 19
[(3)] (III) In each year after the 2028–2029 school year, the proportion of 20
eligible private provider prekindergarten slots in each county shall continue to constitute 21
at least 50% of eligible prekindergarten provider prekindergarten slots in each county. 22
(2) A TIER I 3–YEAR–OLD ENROLLED WITH AN ELIGIBLE PRIVATE 23
PROVIDER UNDER § 7–1A–04.1 OF THIS SUBTITLE SHALL COUNT TOWARD T HE 24
NUMBER OF ELIGIBLE P RIVATE PROVIDER PREK INDERGARTEN SLOTS UN DER 25
PARAGRAPH (1) OF THIS SUBSECTION . 26
(b) (1) The Department shall issue a waiver from the requirements of this 27
section to a county board if: 28
(i) 1. All families in the county who desire to enroll their eligible 29
children with eligible prekindergarten providers are able to do so; or 30
2. After reasonable cross–jurisdictional or regional efforts, 31
there are too few eligible private providers to meet the minimum requirements of this 32
section; and 33
6 HOUSE BILL 1374
(ii) The county board demonstrates to the Department that it has 1
made a good faith effort to fully embrace the mixed delivery system, including by adopting 2
a memorandum of understanding in accordance with § 7–1A–05 of this subtitle. 3
(2) The Department may exclude by annual waiver Tier I children who are 4
3 years old in a county from the calculation under subsection (a) of this section until the 5
2031–2032 school year. 6
(3) The Department may exclude by annual waiver Tier I children who are 7
4 years old in a county from the calculation under subsection (a) of this section until the 8
2028–2029 school year. 9
(4) The Department shall establish waiver application procedures to carry 10
out the provisions of this subsection. 11
7–1A–04.1. 12
(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AN ELIGIBLE 13
PRIVATE PROVIDER MAY ELECT T O ENROLL A TIER I CHILD WHO IS 3 YEARS OLD. 14
(2) AN ELIGIBLE PRIVATE P ROVIDER WHO ELECTS T O ENROLL A TIER 15
I CHILD WHO IS 3 YEARS OLD SHALL RECEIVE PUBLIC FUNDING IN ACCORDANCE 16
WITH § 5–229 OF THIS ARTICLE FOR THAT CHILD . 17
(B) (1) AN ELIGIBLE PRIVATE PRO VIDER THAT ELECTS TO ENROLL TIER 18
I 3–YEAR–OLDS SHALL: 19
(I) MEET ALL THE APPLICAB LE REQUIREMENTS OF T HIS 20
SUBTITLE; AND 21
(II) ENTER INTO A MEMORANDUM OF UNDERS TANDING IN 22
ACCORDANCE WITH § 7–1A–05 OF THIS SUBTITLE THAT SPECIFICALLY GO VERNS 23
THE DUTIES AND RESPONSIB ILITIES OF THE PRIVATE PROVIDER, THE 24
DEPARTMENT , AND THE COUNTY BOARD TOWARD THE ENROLLED TIER I 25
3–YEAR–OLDS. 26
(2) AT A MINIMUM, THE MEMORANDUM OF UN DERSTANDING SHALL : 27
(I) GOVERN THE DISTRIBUTI ON OF FUNDS BY THE 28
DEPARTMENT AND THE CO UNTY BOARD IN THE SA ME MANNER AS OTHER F UNDING 29
DISTRIBUTED TO ELIGIBLE PRIVATE PROVIDERS IN ACCORDANCE WITH § 5–229 OF 30
THIS ARTICLE; AND 31
HOUSE BILL 1374 7
(II) REQUIRE THE ELIGIBLE PRIVATE PROVIDER TO PROMPTLY 1
NOTIFY AND CONTINUALLY UPDA TE THE DEPARTMENT AND THE CO UNTY BOARD 2
ON: 3
1. THE NUMBER OF PREKINDERG ARTEN SLOTS THE 4
PRIVATE PROVIDER IS USING TO ENROLL TIER I 3–YEAR–OLDS; AND 5
2. THE TIME PERIOD DURIN G WHICH A TIER I 6
3–YEAR–OLD IS USING THOSE PREKINDERGARTEN SLOT S. 7
(C) (1) THE DEPARTMENT SHALL NOTIFY A LOCAL DEPARTMENT OF 8
SOCIAL SERVICES AND A LOCAL DEPARTMENT OF HEALTH IF ELIGIBLE P RIVATE 9
PROVIDERS IN THE COU NTY HAVE ELECTED TO ENROLL TIER I 3–YEAR–OLDS IN 10
ACCORDANCE WITH THIS SECTION TO ASSIST IN PROVIDING THE NOTICE REQUIRED 11
UNDER § 7–1A–02 OF THIS SUBTITLE. 12
(2) THE DEPARTMENT ’S NOTICE SHALL INCLU DE INFORMATION ON 13
THE ELIGIBLE PRIVATE PROVIDER AND THE NUM BER OF AND DURATION OF 14
PREKINDERGARTEN SLOT S FOR 3–YEAR–OLDS AVAILABLE . 15
7–1A–05. 16
(a) (1) Each county board shall enter into a memorandum of understanding 17
with the Department, each eligible private provider participating in publicly funded 18
prekindergarten in the county, and other applicable government agencies. 19
(2) Before executing a memorandum of understanding under this section, 20
each county board shall submit an implementation plan of the proposed memorandum of 21
understanding to the Accountability and Implementation Board in accordance with § 22
5–404 of this article. 23
(b) The Department shall develop a model memorandum of understanding for use 24
by county boards of education in fulfilling the requirements under this section. 25
(c) Each memorandum of understanding shall, at a minimum, provide for: 26
(1) The adoption of an early childhood educator career ladder by eligible 27
private providers in accordance with § 7–1A–08 of this subtitle; 28
(2) Services for children with disabilities; 29
(3) A process by which a parent is able to indicate a preference for eligible 30
prekindergarten providers; 31
8 HOUSE BILL 1374
(4) The manner for processing the payment of the State share, local share, 1
and family share for each child who is enrolled with an eligible prekindergarten provider; 2
(5) Any agreed upon administrative costs to be retained by an agency that 3
is party to the agreement; 4
(6) The manner in which the parties will meet the requirements of this 5
subtitle; 6
(7) A plan to address racial and socioeconomic integration in 7
prekindergarten classrooms; 8
(8) A method for the county board to distribute a list of eligible public and 9
private providers in the same area with a parent interested in enrolling the parent’s child 10
in a prekindergarten program; 11
(9) Facilitation of peer–to–peer eligible prekindergarten provider 12
meetings, through a prekindergarten provider hub if one is established in the area, in which 13
eligible prekindergarten providers are able to share best practices in the field; [and] 14
(10) IF THERE IS AN ELIGIBLE PRIVATE PRO VIDER THAT ELECTS TO 15
ENROLL TIER I 3–YEAR–OLDS IN ACCORDANCE W ITH § 7–1A–04.1 OF THIS SUBTITLE 16
IN THE COUNTY , A PLAN TO EFFICIENTL Y ENROLL 3–YEAR–OLDS IN ACCORDANCE 17
WITH THIS SUBTITLE ; AND 18
[(10)] (11) Any other provisions necessary to carry out this subtitle. 19
(d) A memorandum of understanding under this section shall seek to avoid, to the 20
extent practicable, a disproportionate concentration of students of the same race, ethnicity, 21
disability status, and income within an eligible provider. 22
7–1A–06. 23
(a) (1) Beginning in the 2022–2023 school year, Tier I children who are [3 or] 24
4 years old may be enrolled in a full–day prekindergarten program under this subtitle. 25
(2) (i) For the 2023–2024 through 2025–2026 school years, children 26
who are [3 or] 4 years old may enroll in a full–day prekindergarten program under this 27
subtitle if the children are: 28
1. Children whose family income is more than 300% but not 29
more than 600% of the federal poverty level; and 30
2. A. Children with disabilities; or 31
HOUSE BILL 1374 9
B. Children from homes in which English is not the primary 1
spoken language. 2
(ii) For the 2023–2024 through 2025–2026 school years only, 3
children described under subparagraph (i) of this paragraph shall be counted as Tier I 4
children for purposes of funding allocated under § 5–229 of this article. 5
(3) BEGINNING IN THE 2025–2026 SCHOOL YEAR , TIER I CHILDREN 6
WHO ARE 3 YEARS OLD MAY BE ENR OLLED IN A FULL –DAY PREKINDERGARTEN 7
PROGRAM WITH AN ELIGIBLE PRI VATE PROVIDER IN ACC ORDANCE WITH § 8
7–1A–04.1 OF THIS SUBTITLE. 9
(b) [(1) The proportion of enrolled Tier I children who are 3 years old shall 10
increase annually until all Tier I children who are 3 years old are enrolled in a full–day 11
prekindergarten program. 12
(2)] The proportion of enrolled Tier I children who are 4 years old shall 13
increase annually so that all Tier I children who are 4 years old shall be enrolled in a 14
full–day prekindergarten program. 15
(c) Beginning in the 2025–2026 school year, Tier II children not described under 16
subsection (a)(2)(i) of this section may be enrolled in a full–day prekindergarten program if 17
space is available to encourage socioeconomic diversity in prekindergarten classrooms. 18
(d) Priority in expanding prekindergarten slots shall be provided to [3– and 19
4–year olds] 4–YEAR–OLDS who are: 20
(1) Tier I children; 21
(2) Children with disabilities, regardless of income; or 22
(3) Children from homes in which English is not the primary spoken 23
language. 24
(e) The ability of a family to choose the prekindergarten provider in which to 25
enroll their child does not supersede local authority to set school attendance boundaries. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 27
apply only prospectively and may not be applied or interpreted to have any effect on a child 28
who is 3 years old and is enrolled in publicly provided prekindergarten with an eligible 29
public provider or is scheduled, on or before June 30, 2025, to be enrolled in publicly 30
provided prekindergarten with an eligible public provider for the 2025–2026 school year. 31
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
1, 2025. 33