Maryland 2025 Regular Session

Maryland House Bill HB1374 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	hb1374
6	6
7	7	HOUSE BILL 1374
8	8	F5 5lr1842
9	9	CF SB 780
10	10	By: Delegates Ghrist, Adams, Arentz, Baker, Beauchamp, Buckel, Chisholm,
11	11	Ciliberti, Grammer, Griffith, Hartman, Hinebaugh, Hornberger,
12	12	Hutchinson, Jacobs, Kipke, Mangione, McComas, Metzgar, Miller,
13	13	T. Morgan, Nkongolo, Otto, Pippy, Reilly, Rose, Schmidt, Stonko,
14	14	Tomlinson, Valentine, and Wivell
15	15	Introduced and read first time: February 7, 2025
16	16	Assigned to: Ways and Means
17	17
18	18	A BILL ENTITLED
19	19
20	20	AN ACT concerning 1
21	21
22	22	Prekindergarten – 3–Year–Olds – Private Providers 2
23	23	(Parental Choice for Prekindergarten Act) 3
24	24
25	25	FOR the purpose of altering the definition of “Tier I child” for purposes of publicly provided 4
26	26	prekindergarten to not include 3–year–olds and only include certain 4–year–olds; 5
27	27	authorizing an eligible private prekindergarten provider to enroll 3–year–olds in 6
28	28	publicly provided prekindergarten; requiring an eligible private provider that elects 7
29	29	to enroll a Tier I 3–year–old to enter into a certain memorandum of understanding 8
30	30	with the State Department of Education and the county board of education; requiring 9
31	31	notice about eligible private providers who elect to enroll certain 3–year–olds to be 10
32	32	given to certain local departments; and generally relating to the enrollment of 11
33	33	3–year–olds in publicly funded prekindergarten. 12
34	34
35	35	BY repealing and reenacting, with amendments, 13
36	36	Article – Education 14
37	37	Section 7–1A–01 through 7–1A–03, 7–1A–05, and 7–1A–06 15
38	38	Annotated Code of Maryland 16
39	39	(2022 Replacement Volume and 2024 Supplement) 17
40	40
41	41	BY adding to 18
42	42	Article – Education 19
43	43	Section 7–1A–04.1 20
44	44	Annotated Code of Maryland 21
45	45	(2022 Replacement Volume and 2024 Supplement) 22
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
48	48	That the Laws of Maryland read as follows: 24 2 HOUSE BILL 1374
49	49
50	50
51	51
52	52	Article – Education 1
53	53
54	54	7–1A–01. 2
55	55
56	56	(a) In this subtitle the following words have the meanings indicated. 3
57	57
58	58	(b) “Cost of quality” means the per–pupil amount provided under § 5–229 of this 4
59	59	article. 5
60	60
61	61	(c) “Early childhood educator career ladder” means the career ladder for private 6
62	62	provider prekindergarten educators established by the Department under § 7–1A–08 of this 7
63	63	subtitle. 8
64	64
65	65	(d) “Eligible prekindergarten provider” includes an: 9
66	66
67	67	(1) Eligible public provider; and 10
68	68
69	69	(2) Eligible private provider. 11
70	70
71	71	(e) (1) “Eligible private provider” means a community–based early learning 12
72	72	program that: 13
73	73
74	74	(i) Is licensed in the State; 14
75	75
76	76	(ii) Does not charge more tuition for full–day prekindergarten than 15
77	77	the cost of quality; and 16
78	78
79	79	(iii) Meets the requirements under § 7–1A–04 of this subtitle. 17
80	80
81	81	(2) “Eligible private provider” includes the Ulysses Currie Head Start 18
82	82	Program under § 5–231 of this article. 19
83	83
84	84	(f) “Eligible public provider” means an early learning program that: 20
85	85
86	86	(1) Is provided by a county board at a public school; and 21
87	87
88	88	(2) Meets the requirements under § 7–1A–04 of this subtitle. 22
89	89
90	90	(g) “Full–day prekindergarten” means an early learning program with a six and 23
91	91	one–half hour school day. 24
92	92
93	93	(h) “Prekindergarten program” means an early learning program at an eligible 25
94	94	prekindergarten provider. 26
95	95	HOUSE BILL 1374 3
96	96
97	97
98	98	(i) “Prekindergarten provider hub” means a coordinated partnership between 1
99	99	eligible prekindergarten providers and other entities established by the Department under 2
100	100	§ 7–1A–09 of this subtitle. 3
101	101
102	102	(j) “Prekindergarten slot” means the available space for a child to attend a 4
103	103	prekindergarten program. 5
104	104
105	105	(k) “Tier I child” means a child: 6
106	106
107	107	(1) (I) Who is [3 or] 4 years old; 7
108	108
109	109	[(2) (i)] (II) 1. Whose family income is less than or equal to 300% 8
110	110	of the federal poverty level; or 9
111	111
112	112	[(ii)] 2. Who is a homeless youth; and 10
113	113
114	114	[(3)] (III) Whose family chooses to enroll the child in full –day 11
115	115	prekindergarten; OR 12
116	116
117	117	(2) (I) WHO IS 3 YEARS OLD; 13
118	118
119	119	(II) WHO RESIDES IN A COUNTY IN WHICH AN ELIGIBLE PRIVATE 14
120	120	PROVIDER ELECTS TO E NROLL 3–YEAR–OLDS IN ITS PREKINDE RGARTEN PROGRAM 15
121	121	UNDER § 7–1A–04.1 OF THIS SUBTITLE; 16
122	122
123	123	(III) 1. WHOSE FAMILY INCOME I S LESS THAN OR EQUAL TO 17
124	124	300% OF THE FEDERAL POVER TY LEVEL; OR 18
125	125
126	126	2. WHO IS A HOMELESS YOUTH ; AND 19
127	127
128	128	(IV) WHOSE FAMILY CHOOSES TO ENROLL THE CHILD IN 20
129	129	FULL–DAY PREKINDERGARTEN WITH AN ELIGIBLE PRI VATE PROVIDER . 21
130	130
131	131	(l) “Tier II child” means a child: 22
132	132
133	133	(1) Who is 4 years old; 23
134	134
135	135	(2) (i) In fiscal year 2026, whose family income is more than 300% but 24
136	136	not more than 360% of the federal poverty level; and 25
137	137
138	138	(ii) In fiscal year 2027 and in each fiscal year thereafter, whose 26
139	139	family income is more than 300% but not more than 600% of the federal poverty level; and 27
140	140
141	141	(3) Whose family chooses to enroll the child in full–day prekindergarten. 28
142	142	4 HOUSE BILL 1374
143	143
144	144
145	145	(m) “Tier III child” means a child: 1
146	146
147	147	(1) Who is 4 years old; 2
148	148
149	149	(2) Whose family income is more than 600% of the federal poverty level; 3
150	150	and 4
151	151
152	152	(3) Whose family chooses to enroll the child in full–day prekindergarten. 5
153	153
154	154	7–1A–02. 6
155	155
156	156	(a) (1) A local department of social services or a local health department shall 7
157	157	provide a parent or guardian with oral and written notice that their child may be eligible 8
158	158	for publicly funded prekindergarten programs if the parent or guardian: 9
159	159
160	160	(i) Applied for economic services with the local department of social 10
161	161	services or the local health department; and 11
162	162
163	163	(ii) 1. Has a child who will be [3 or] 4 years old by September 1 12
164	164	of the next academic year; OR 13
165	165
166	166	2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 14
167	167	HAS A CHILD WHO WILL BE 3 YEARS OLD BY SEPTEMBER 1 OF THE NEXT ACADEMIC 15
168	168	YEAR. 16
169	169
170	170	(2) The notice required under paragraph (1) of this subsection shall 17
171	171	include: 18
172	172
173	173	(i) Contact information for the enrollment office of the local school 19
174	174	system and the Division of Early Childhood Development in the Department; and 20
175	175
176	176	(ii) Information on the existence of the child care scholarship for 21
177	177	before and after full–day prekindergarten programming and the possibility of eligibility for 22
178	178	State aid. 23
179	179
180	180	(3) IF THE DEPARTMENT HAS NOTIFI ED THE LOCAL DEPARTM ENT OF 24
181	181	SOCIAL SERVICES OR L OCAL HEALTH DEPARTME NT THAT ELIGIBLE PRI VATE 25
182	182	PROVIDERS IN THE COU NTY HAVE ELECTED TO ENROLL TIER I 3–YEAR–OLDS IN 26
183	183	ACCORDANCE WITH § 7–1A–04.1 OF THIS SUBTITLE , A LOCAL DEPARTMENT OF 27
184	184	SOCIAL SERVICES OR A LOCAL HEALTH DEPARTM ENT SHALL PROVIDE NO TICE TO 28
185	185	THE PARENT OR GUARDI AN OF A CHILD WHO WILL BE 3 YEARS OLD BY SEPTEMBER 29
186	186	1 OF THE NEXT ACADEMIC YEAR IN ACCORDANCE WITH P ARAGRAPHS (1) AND (2) OF 30
187	187	THIS SUBSECTION . 31
188	188
189	189	[(3)] (4) On or before December 1 of each year, each local department of 32
190	190	social services and each local health department shall report to the General Assembly, in 33 HOUSE BILL 1374 5
191	191
192	192
193	193	accordance with § 2–1257 of the State Government Article, on the number of parents who 1
194	194	were given a notification and subsequently enrolled their child in a publicly funded 2
195	195	prekindergarten program. 3
196	196
197	197	(b) Each local department of social services or a local health department shall 4
198	198	provide to each local school system the name and contact information for each parent or 5
199	199	guardian provided notice under subsection (a) of this section. 6
200	200
201	201	(c) The requirements set forth in § 7–101(b) of this title regarding the domicile of 7
202	202	a child and the residency of the child’s parent or guardian shall apply to prekindergarten 8
203	203	programs established by county boards as required by this subtitle. 9
204	204
205	205	7–1A–03. 10
206	206
207	207	(a) (1) Except as provided under subsection (b) of this section, a county board 11
208	208	shall ensure that: 12
209	209
210	210	[(1)] (I) Beginning in the 2024–2025 school year, prekindergarten slots 13
211	211	provided by eligible private providers shall account for at least 10% of the total 14
212	212	prekindergarten slots provided by eligible prekindergarten providers in each county; 15
213	213
214	214	[(2)] (II) The proportion of eligible private provider prekindergarten slots 16
215	215	in each county increases by 10 percentage points every school year, until, in the 2028–2029 17
216	216	school year, eligible private provider prekindergarten slots account for at least 50% of 18
217	217	eligible prekindergarten provider prekindergarten slots in each county; and 19
218	218
219	219	[(3)] (III) In each year after the 2028–2029 school year, the proportion of 20
220	220	eligible private provider prekindergarten slots in each county shall continue to constitute 21
221	221	at least 50% of eligible prekindergarten provider prekindergarten slots in each county. 22
222	222
223	223	(2) A TIER I 3–YEAR–OLD ENROLLED WITH AN ELIGIBLE PRIVATE 23
224	224	PROVIDER UNDER § 7–1A–04.1 OF THIS SUBTITLE SHALL COUNT TOWARD T HE 24
225	225	NUMBER OF ELIGIBLE P RIVATE PROVIDER PREK INDERGARTEN SLOTS UN DER 25
226	226	PARAGRAPH (1) OF THIS SUBSECTION . 26
227	227
228	228	(b) (1) The Department shall issue a waiver from the requirements of this 27
229	229	section to a county board if: 28
230	230
231	231	(i) 1. All families in the county who desire to enroll their eligible 29
232	232	children with eligible prekindergarten providers are able to do so; or 30
233	233
234	234	2. After reasonable cross–jurisdictional or regional efforts, 31
235	235	there are too few eligible private providers to meet the minimum requirements of this 32
236	236	section; and 33
237	237	6 HOUSE BILL 1374
238	238
239	239
240	240	(ii) The county board demonstrates to the Department that it has 1
241	241	made a good faith effort to fully embrace the mixed delivery system, including by adopting 2
242	242	a memorandum of understanding in accordance with § 7–1A–05 of this subtitle. 3
243	243
244	244	(2) The Department may exclude by annual waiver Tier I children who are 4
245	245	3 years old in a county from the calculation under subsection (a) of this section until the 5
246	246	2031–2032 school year. 6
247	247
248	248	(3) The Department may exclude by annual waiver Tier I children who are 7
249	249	4 years old in a county from the calculation under subsection (a) of this section until the 8
250	250	2028–2029 school year. 9
251	251
252	252	(4) The Department shall establish waiver application procedures to carry 10
253	253	out the provisions of this subsection. 11
254	254
255	255	7–1A–04.1. 12
256	256
257	257	(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AN ELIGIBLE 13
258	258	PRIVATE PROVIDER MAY ELECT T O ENROLL A TIER I CHILD WHO IS 3 YEARS OLD. 14
259	259
260	260	(2) AN ELIGIBLE PRIVATE P ROVIDER WHO ELECTS T O ENROLL A TIER 15
261	261	I CHILD WHO IS 3 YEARS OLD SHALL RECEIVE PUBLIC FUNDING IN ACCORDANCE 16
262	262	WITH § 5–229 OF THIS ARTICLE FOR THAT CHILD . 17
263	263
264	264	(B) (1) AN ELIGIBLE PRIVATE PRO VIDER THAT ELECTS TO ENROLL TIER 18
265	265	I 3–YEAR–OLDS SHALL: 19
266	266
267	267	(I) MEET ALL THE APPLICAB LE REQUIREMENTS OF T HIS 20
268	268	SUBTITLE; AND 21
269	269
270	270	(II) ENTER INTO A MEMORANDUM OF UNDERS TANDING IN 22
271	271	ACCORDANCE WITH § 7–1A–05 OF THIS SUBTITLE THAT SPECIFICALLY GO VERNS 23
272	272	THE DUTIES AND RESPONSIB ILITIES OF THE PRIVATE PROVIDER, THE 24
273	273	DEPARTMENT , AND THE COUNTY BOARD TOWARD THE ENROLLED TIER I 25
274	274	3–YEAR–OLDS. 26
275	275
276	276	(2) AT A MINIMUM, THE MEMORANDUM OF UN DERSTANDING SHALL : 27
277	277
278	278	(I) GOVERN THE DISTRIBUTI ON OF FUNDS BY THE 28
279	279	DEPARTMENT AND THE CO UNTY BOARD IN THE SA ME MANNER AS OTHER F UNDING 29
280	280	DISTRIBUTED TO ELIGIBLE PRIVATE PROVIDERS IN ACCORDANCE WITH § 5–229 OF 30
281	281	THIS ARTICLE; AND 31
282	282	HOUSE BILL 1374 7
283	283
284	284
285	285	(II) REQUIRE THE ELIGIBLE PRIVATE PROVIDER TO PROMPTLY 1
286	286	NOTIFY AND CONTINUALLY UPDA TE THE DEPARTMENT AND THE CO UNTY BOARD 2
287	287	ON: 3
288	288
289	289	1. THE NUMBER OF PREKINDERG ARTEN SLOTS THE 4
290	290	PRIVATE PROVIDER IS USING TO ENROLL TIER I 3–YEAR–OLDS; AND 5
291	291
292	292	2. THE TIME PERIOD DURIN G WHICH A TIER I 6
293	293	3–YEAR–OLD IS USING THOSE PREKINDERGARTEN SLOT S. 7
294	294
295	295	(C) (1) THE DEPARTMENT SHALL NOTIFY A LOCAL DEPARTMENT OF 8
296	296	SOCIAL SERVICES AND A LOCAL DEPARTMENT OF HEALTH IF ELIGIBLE P RIVATE 9
297	297	PROVIDERS IN THE COU NTY HAVE ELECTED TO ENROLL TIER I 3–YEAR–OLDS IN 10
298	298	ACCORDANCE WITH THIS SECTION TO ASSIST IN PROVIDING THE NOTICE REQUIRED 11
299	299	UNDER § 7–1A–02 OF THIS SUBTITLE. 12
300	300
301	301	(2) THE DEPARTMENT ’S NOTICE SHALL INCLU DE INFORMATION ON 13
302	302	THE ELIGIBLE PRIVATE PROVIDER AND THE NUM BER OF AND DURATION OF 14
303	303	PREKINDERGARTEN SLOT S FOR 3–YEAR–OLDS AVAILABLE . 15
304	304
305	305	7–1A–05. 16
306	306
307	307	(a) (1) Each county board shall enter into a memorandum of understanding 17
308	308	with the Department, each eligible private provider participating in publicly funded 18
309	309	prekindergarten in the county, and other applicable government agencies. 19
310	310
311	311	(2) Before executing a memorandum of understanding under this section, 20
312	312	each county board shall submit an implementation plan of the proposed memorandum of 21
313	313	understanding to the Accountability and Implementation Board in accordance with § 22
314	314	5–404 of this article. 23
315	315
316	316	(b) The Department shall develop a model memorandum of understanding for use 24
317	317	by county boards of education in fulfilling the requirements under this section. 25
318	318
319	319	(c) Each memorandum of understanding shall, at a minimum, provide for: 26
320	320
321	321	(1) The adoption of an early childhood educator career ladder by eligible 27
322	322	private providers in accordance with § 7–1A–08 of this subtitle; 28
323	323
324	324	(2) Services for children with disabilities; 29
325	325
326	326	(3) A process by which a parent is able to indicate a preference for eligible 30
327	327	prekindergarten providers; 31
328	328	8 HOUSE BILL 1374
329	329
330	330
331	331	(4) The manner for processing the payment of the State share, local share, 1
332	332	and family share for each child who is enrolled with an eligible prekindergarten provider; 2
333	333
334	334	(5) Any agreed upon administrative costs to be retained by an agency that 3
335	335	is party to the agreement; 4
336	336
337	337	(6) The manner in which the parties will meet the requirements of this 5
338	338	subtitle; 6
339	339
340	340	(7) A plan to address racial and socioeconomic integration in 7
341	341	prekindergarten classrooms; 8
342	342
343	343	(8) A method for the county board to distribute a list of eligible public and 9
344	344	private providers in the same area with a parent interested in enrolling the parent’s child 10
345	345	in a prekindergarten program; 11
346	346
347	347	(9) Facilitation of peer–to–peer eligible prekindergarten provider 12
348	348	meetings, through a prekindergarten provider hub if one is established in the area, in which 13
349	349	eligible prekindergarten providers are able to share best practices in the field; [and] 14
350	350
351	351	(10) IF THERE IS AN ELIGIBLE PRIVATE PRO VIDER THAT ELECTS TO 15
352	352	ENROLL TIER I 3–YEAR–OLDS IN ACCORDANCE W ITH § 7–1A–04.1 OF THIS SUBTITLE 16
353	353	IN THE COUNTY , A PLAN TO EFFICIENTL Y ENROLL 3–YEAR–OLDS IN ACCORDANCE 17
354	354	WITH THIS SUBTITLE ; AND 18
355	355
356	356	[(10)] (11) Any other provisions necessary to carry out this subtitle. 19
357	357
358	358	(d) A memorandum of understanding under this section shall seek to avoid, to the 20
359	359	extent practicable, a disproportionate concentration of students of the same race, ethnicity, 21
360	360	disability status, and income within an eligible provider. 22
361	361
362	362	7–1A–06. 23
363	363
364	364	(a) (1) Beginning in the 2022–2023 school year, Tier I children who are [3 or] 24
365	365	4 years old may be enrolled in a full–day prekindergarten program under this subtitle. 25
366	366
367	367	(2) (i) For the 2023–2024 through 2025–2026 school years, children 26
368	368	who are [3 or] 4 years old may enroll in a full–day prekindergarten program under this 27
369	369	subtitle if the children are: 28
370	370
371	371	1. Children whose family income is more than 300% but not 29
372	372	more than 600% of the federal poverty level; and 30
373	373
374	374	2. A. Children with disabilities; or 31
375	375	HOUSE BILL 1374 9
376	376
377	377
378	378	B. Children from homes in which English is not the primary 1
379	379	spoken language. 2
380	380
381	381	(ii) For the 2023–2024 through 2025–2026 school years only, 3
382	382	children described under subparagraph (i) of this paragraph shall be counted as Tier I 4
383	383	children for purposes of funding allocated under § 5–229 of this article. 5
384	384
385	385	(3) BEGINNING IN THE 2025–2026 SCHOOL YEAR , TIER I CHILDREN 6
386	386	WHO ARE 3 YEARS OLD MAY BE ENR OLLED IN A FULL –DAY PREKINDERGARTEN 7
387	387	PROGRAM WITH AN ELIGIBLE PRI VATE PROVIDER IN ACC ORDANCE WITH § 8
388	388	7–1A–04.1 OF THIS SUBTITLE. 9
389	389
390	390	(b) [(1) The proportion of enrolled Tier I children who are 3 years old shall 10
391	391	increase annually until all Tier I children who are 3 years old are enrolled in a full–day 11
392	392	prekindergarten program. 12
393	393
394	394	(2)] The proportion of enrolled Tier I children who are 4 years old shall 13
395	395	increase annually so that all Tier I children who are 4 years old shall be enrolled in a 14
396	396	full–day prekindergarten program. 15
397	397
398	398	(c) Beginning in the 2025–2026 school year, Tier II children not described under 16
399	399	subsection (a)(2)(i) of this section may be enrolled in a full–day prekindergarten program if 17
400	400	space is available to encourage socioeconomic diversity in prekindergarten classrooms. 18
401	401
402	402	(d) Priority in expanding prekindergarten slots shall be provided to [3– and 19
403	403	4–year olds] 4–YEAR–OLDS who are: 20
404	404
405	405	(1) Tier I children; 21
406	406
407	407	(2) Children with disabilities, regardless of income; or 22
408	408
409	409	(3) Children from homes in which English is not the primary spoken 23
410	410	language. 24
411	411
412	412	(e) The ability of a family to choose the prekindergarten provider in which to 25
413	413	enroll their child does not supersede local authority to set school attendance boundaries. 26
414	414
415	415	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 27
416	416	apply only prospectively and may not be applied or interpreted to have any effect on a child 28
417	417	who is 3 years old and is enrolled in publicly provided prekindergarten with an eligible 29
418	418	public provider or is scheduled, on or before June 30, 2025, to be enrolled in publicly 30
419	419	provided prekindergarten with an eligible public provider for the 2025–2026 school year. 31
420	420
421	421	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
422	422	1, 2025. 33