EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0857*
SENATE BILL 857
F5, O4 5lr2646
By: Senator Henson
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Child Care – Prekindergarten Expansion Grant Modifications and Workgroup 2
FOR the purpose of altering the use of Prekindergarten Expansion Grants to add slots for 3
additional children and not supplant childcare slots for infants and toddlers; 4
requiring applications for the grant to use certain terminology and be accompanied 5
by certain instructions; establishing certain grant processing due dates; requiring 6
the State Department of Education to establish a multiyear grant award process, 7
provide a certain proportion of grant funding on or before a certain date each year, 8
and provide technical assistance to certain grant applicants and recipients; requiring 9
the Department to convene a workgroup to explore and make recommendations on 10
opportunities to incentivize growth in certain child care providers; and generally 11
relating to child care and the Prekindergarten Expansion Grant. 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 7–101.2 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Education 20
7–101.2. 21
(a) (1) In this section the following terms have the meanings indicated. 22
(2) “Economically disadvantaged background” means a family whose 23
income is no more than 300% of the federal poverty guidelines. 24
2 SENATE BILL 857
(3) “Eligible young child” means a child: 1
(i) Who is from an economically disadvantaged background; 2
(ii) Whose parent or legal guardian seeks to enroll the child in a 3
publicly funded prekindergarten program established under this section; and 4
(iii) Who is 3 or 4 years old on September 1 of the school year in which 5
the parent or legal guardian seeks to enroll the child in a publicly funded prekindergarten 6
program established under this section. 7
(4) “Fund” means the Prekindergarten Expansion Fund. 8
(5) “Montessori school” has the meaning stated in § 6–127 of this article. 9
(6) “Program” means the Prekindergarten Expansion Grant Program. 10
(7) “Qualified provider” means: 11
(i) If partnering with a county board under a memorandum of 12
understanding, a State accredited or nationally accredited child care program or a 13
nonpublic school approved by the Department to provide prekindergarten services; and 14
(ii) A county board. 15
(b) (1) There is a grant program known as the Prekindergarten Expansion 16
Grant Program in the State. 17
(2) The purpose of the Program is to broaden the avail ability of 18
high–quality prekindergarten and school readiness services throughout the State for 19
children and their families in coordination with the expansion of publicly funded full–day 20
prekindergarten under the Blueprint for Maryland’s Future established under Subtitle 1A 21
of this title. 22
(3) The Department shall administer the Program. 23
(4) (i) The Program shall be a competitive grant program to provide 24
funds to qualified providers. 25
(ii) The Department shall take measures to achieve geographic 26
diversity among participating qualified providers. 27
(iii) Priority for participation in the Program shall be given to 28
qualified providers: 29
1. That are located in areas of the State that have an unmet 30
need for prekindergarten or comprehensive early childhood education services; 31 SENATE BILL 857 3
2. That include a plan for long–term sustainability, including 1
community and business partnerships and matching funds to the extent possible; and 2
3. That incorporate parental engagement and the benefits of 3
educational activities beyond the classroom into the providers’ programs. 4
(iv) Prekindergarten Expansion Grants may be used to [expand 5
prekindergarten services] ADD AVAILABLE SLOTS TO PROVIDE PREKINDER GARTEN 6
SERVICES TO ADDITION AL CHILDREN, including: 7
1. Establishing or expanding full–day prekindergarten for 8
eligible young children; and 9
2. Expanding existing half–day prekindergarten programs 10
into full–day prekindergarten programs for eligible young children. 11
(v) The Department may establish: 12
1. Additional eligibility criteria for the selection of qualified 13
providers; 14
2. [Application] SUBJECT TO SUBPARAGRAPH S (VI) AND 15
(VII) OF THIS PARAGRAPH , APPLICATION and award processes including the submission 16
date for applications, renewal procedures, and application review processes for making 17
awards under the Program; and 18
3. Any other policies and procedures necessary to implement 19
the Program. 20
(VI) 1. APPLICATIONS SHALL USE EASY–TO–UNDERSTAND 21
TERMINOLOGY AND BE ACCOMPANIED BY MULTILINGUAL INSTRUCTIONS ON HOW 22
TO COMPLETE THE APPL ICATION. 23
2. APPLICATIONS FOR A GR ANT UNDER THIS SECTI ON 24
SHALL BE DUE ON OR B EFORE FEBRUARY 15. 25
3. THE DEPARTMENT SHALL P ROVIDE GRANT 26
APPLICANTS WITH A NO TICE OF A GRANT AWAR D OR GRANT DENIAL ON OR BEFORE 27
MARCH 1. 28
(VII) THE DEPARTMENT SHALL ESTABLISH A MULTIYEA R GRANT 29
AWARD PROCESS SO THA T RECIPIENTS WILL HA VE GREATER PREDICTAB ILITY AND 30
FINANCIAL STABILITY FROM YEAR TO YEAR. 31
4 SENATE BILL 857
(VIII) THE DEPARTMENT SHALL PROVIDE 100% OF THE GRANT 1
AMOUNT TO THE GRANT RECIPIE NT ON OR BEFORE JULY 1. 2
(IX) 1. THE DEPARTMENT SHALL PROVIDE TECHNICAL 3
ASSISTANCE ON THE GR ANT APPLICATION PROC ESS AND REPORTING 4
REQUIREMENTS FOR GRA NT RECIPIENT S TO: 5
A. MULTILINGUAL APPLICAN TS; 6
B. FAMILY CHILD CARE PRO VIDERS; AND 7
C. SMALL, INDEPENDENT CHILD CA RE PROVIDERS . 8
2. TO THE EXTENT PRACTIC ABLE, THE DEPARTMENT 9
MAY PROVIDE THE TECH NICAL ASSISTANCE THR OUGH A HUB MODEL UND ER § 10
7–1A–05 OF THIS TITLE. 11
3. THE DEPARTMENT MAY CONTRA CT WITH A THIRD 12
PARTY TO PROVIDE THE TECHNICAL ASSISTANCE . 13
(c) (1) Except as provided in paragraph (2) of this subsection, before approving 14
qualified providers for prekindergarten services to receive a grant under this section, a 15
qualified provider shall certify to the Department that for each classroom funded under 16
this section the provider will: 17
(i) Maintain a student–to–classroom personnel ratio of no more 18
than 10 to 1 with a maximum of 20 children per classroom; 19
(ii) Provide in each classroom at least one teacher and at least one 20
teacher’s aide who meet the high staff qualifications of § 7–1A–04(a)(1)(i) of this title; 21
(iii) Operate an educational program for: 22
1. 5 days per week; 23
2. 180 days per year, in accordance with the public school 24
calendar established by the local school board; and 25
3. A. For half–day programs, at least 2.5 hours per day; 26
or 27
B. For full–day programs, at least 6.5 hours per day; and 28
(iv) To receive a grant under this section, meet the requirements of § 29
7–1A–04 of this title. 30 SENATE BILL 857 5
(2) Before approving qualified providers who are Montessori schools or 1
Montessori programs for prekindergarten services to receive a grant under this section, a 2
qualified provider shall certify to the Department that for each classroom funded under 3
this section the provider will: 4
(i) Meet the requirements under paragraph (1)(iii) of this 5
subsection; 6
(ii) Maintain a student–to–classroom personnel ratio of no more 7
than 10 to 1, with a maximum of 20 students per classroom if all of the students are under 8
the age of 5 years; 9
(iii) Maintain a student–to–classroom personnel ratio of no more 10
than 14 to 1, with a maximum of 28 students per classroom if some of the students are at 11
least 5 years old; and 12
(iv) Require a classroom teacher to: 13
1. Hold a bachelor’s degree in any field; and 14
2. Hold a Montessori credential issued by: 15
A. The Association Montessori Internationale; 16
B. The American Montessori Society; or 17
C. A program accredited by the Montessori Accreditation 18
Council for Teacher Education. 19
(d) (1) (i) Beginning in fiscal year 2020 through fiscal year 2029, the 20
Governor shall annually appropriate to the Fund an amount that is at least equal to the 21
total amount of all funds received by the Program in the prior fiscal year. 22
(ii) Beginning in fiscal year 2030, the funds appropriated to the Fund 23
shall be consolidated into the publicly funded full–day prekindergarten program 24
established in Subtitle 1A of this title. 25
(2) The Governor may provide funds to the Department to administer the 26
Program. 27
(e) Grants awarded under this section may not be used: 28
(1) To supplant existing funding for prekindergarten services; 29
(2) For capital improvements; [or] 30
6 SENATE BILL 857
(3) To fund the same full–day prekindergarten slot that is funded under 1
Subtitle 1A of this title; OR 2
(4) TO SUPPLANT EXISTING CHILD CARE SLOTS FOR INFANTS AND 3
TODDLERS. 4
(f) The Department shall: 5
(1) Leverage Child Care Subsidy Program funds when making grant 6
awards to private providers that participate in the Child Care Subsidy Program; 7
(2) Encourage private providers that receive grants to pursue level 5 in the 8
Department’s voluntary quality rating and improvement system known as “Maryland 9
EXCELS”; 10
(3) Supervise and monitor the use of grant funds distributed under this 11
section; and 12
(4) Evaluate whether grant recipients are meeting annual benchmarks 13
established by the Department. 14
(g) (1) There is a Prekindergarten Expansion Fund. 15
(2) The purpose of the Fund is to provide funds to the Program. 16
(3) The Department shall administer the Fund. 17
(4) (i) The Fund is a special, nonlapsing fund that is not subject to § 18
7–302 of the State Finance and Procurement Article. 19
(ii) The State Treasurer shall hold the Fund separately, and the 20
Comptroller shall account for the Fund. 21
(5) The Fund consists of: 22
(i) Money appropriated in the State budget to the Fund; 23
(ii) Investment earnings of the Fund; and 24
(iii) Any other money from any other source, including donations, 25
accepted for the benefit of the Fund. 26
(6) The Fund may be used only for grants made by the Department for the 27
Program. 28
(7) (i) The State Treasurer shall invest the money of the Fund in the 29
same manner as other State money may be invested. 30 SENATE BILL 857 7
(ii) Investment earnings of the Fund shall be paid into the Fund. 1
(8) Expenditures from the Fund may be made only in accordance with the 2
State budget. 3
(h) In accordance with § 2–1257 of the State Government Article, the Department 4
shall report to the General Assembly by November 1 of each year on the implementation of 5
the Program. 6
SECTION 2. AND BE IT FURTHER ENACTED, That : 7
(a) The State Department of Education shall convene a workgroup of child care 8
providers in the State to explore opportunities to incentivize growth in child care providers 9
with slots for infants and toddlers. 10
(b) On or before December 1, 2025, the Department shall report to the General 11
Assembly, in accordance with § 2–1257 of the State Government Article, on 12
recommendations resulting from the workgroup. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
1, 2025. 15