State Preschool Program

Overview

Maryland is in the process of expanding its Prekindergarten Program (formerly known as the Extended Elementary Education Program, or EEEP). The 2002 Bridge to Excellence in Public Schools Act requires county boards of education to provide prekindergarten to all four-year-olds who (1) would qualify for federal free or reduced price lunch or (2) are homeless. For the 2007-2008 school year, local boards of education are required to accommodate all eligible four-your-olds who seek enrollment, and funding will be allocated through the state’s education funding formula. Until 2007, the Prekindergarten Program provided grants to county boards of education to fund local board of education pre-k programs.

According to the National Institute for Early Education Research (NIEER), the Prekindergarten Program served 31% of Maryland’s four-year-olds in 2005-2006. State funding for the program that year was approximately $19.3 million. About $8 million was also appropriated for competitive grants to "Judy Centers," providing comprehensive early child care and education services to children and families under the Judith P. Hoyer Early Child Care and Education Enhancement Program. Maryland also provided $3 million to supplement Head Start programs by expanding the range and hours of services and increasing the number of children served.

State Policy

The purpose of the Prekindergarten Program is "to help children develop and maintain school readiness skills necessary for successful school performance." The Judith P. Hoyer Early Child Care and Education Enhancement Program serves "to promote school readiness through … the delivery of high quality, comprehensive, full-day early child care and education programs and family support services."

Eligibility Criteria

Since 2002, all four-year-olds who qualify for federal free or reduced price lunch or who are homeless are eligible for the Prekindergarten Program. Participation in the program had been limited to available slots, but beginning in the 2007-2008 school year, local districts are required to serve all eligible children seeking to enroll. Additionally, other four-year-olds who would not otherwise qualify but who represent a student population that exhibits a lack of school readiness may be admitted as space permits. Furthermore, local boards may adopt a regulation to admit three-year-olds who show "capabilities warranting early admission," if requested by a parent or guardian.

Program Length/Duration

The Prekindergarten Program is a half-day program, with a minimum of 2.5 hours a day running during the academic school year. Local districts may choose to establish all-day programs. Judy Centers run a full-day program.

Funding

The Prekindergarten Program has been funded by grants from the Maryland State Department of Education to county boards of education.

Beginning in 2007-2008 (FY 2008), each county board is required by statute to implement a program that is able to accommodate all eligible children seeking enrollment. These programs will be funded through the state aid formula, with the funds used for prekindergarten coming out of each county’s state aid formula grants for compensatory education (based on the number of students eligible for free or reduced price meals), limited English proficiency, and special education.

Judy Center program funds come from an appropriation in the State budget. The Judy Center grants are administered by the local school district.

Quality Standards

Maryland scores a seven out of ten on the National Institute for Early Education Research (NIEER) quality standards checklist. The State Department of Education has issued comprehensive prekindergarten curriculum standards that meet the NIEER benchmark. In addition, the State’s teacher qualification requirements meet the NIEER standard of a bachelor’s degree and specialized training in early childhood. However, Maryland does not meet the NIEER benchmark of requiring a Child Development Associate (CDA) credential or equivalent for assistant teachers. Class size is limited to an average of 20 students per classroom and the staff to student ratio is 1:10, meeting NIEER’s benchmark in these areas. Maryland’s other shortcomings under the NIEER standards are its failure to guarantee at least one meal to children in half-day programs and the lack of site visits for monitoring purposes.

When a local school district implements its prekindergarten services by outsourcing to qualified Head Start or private center-based providers, those providers must meet all of the same public school system responsibilities for program quality.

The State Department of Education has issued Standards for Implementing Quality Early Learning Programs "for use by staff in Maryland public school prekindergarten and kindergarten programs as well as center-based child care and Head Start."

Delivery of Preschool Services

The Prekindergarten Program and the Judith P. Hoyer Early Child Care and Education Enhancement Program are administered by the Maryland State Department of Education. Funds for the Prekindergarten Program are allocated to the county boards of education, which then distribute them to local school systems. The regulations implementing the program allow local school boards to contract with private child care centers and Head Start agencies that have state or national accreditation, and nonpublic schools approved by the Maryland State Department of Education to provide prekindergarten services. These programs must meet the same quality standards as a public school program with respect to student eligibility; program length and duration; student assessment and evaluation; program assessment; staff certification and training; curriculum content standards; and staff ratios and class size.

In 2005, Maryland established an Early Childhood Development Division within the Department of Education and moved the Office of Child Care from the Department of Human Services into the new division. The State also formed an Early Childhood Development Advisory Council, which will review regulations governing child care to ensure coordination and consistency, and will address other interdepartmental issues.

Requirements for Student Assessment and Program Evaluation

Maryland requires program evaluation and student assessment. Student academic, social and physical development is measured through a Department-approved kindergarten readiness assessment system. This information is then used to evaluate program effectiveness on an annual basis.

Legal Framework

Education Clause in State Constitution

The education clause in the Maryland Constitution provides, "The General Assembly …shall by Law establish throughout the State a thorough and efficient System of Free Public Schools; and shall provide by taxation, or otherwise, for their maintenance."

Summary of Case Law on School Finance System

In Hornbeck v. Somerset Cty. Bd. of Educ., the Maryland Court of Appeals upheld the school finance system, rejecting an equal protection analysis. Applying the rational basis test, the Court found that the State school funding scheme satisfied the State constitution’s "thorough and efficient" requirements, and made sufficient "efforts … to minimize the impact of undeniable and inevitable demographic and environmental disadvantages on any given child."

In Bradford v. Maryland State Bd. of Educ., plaintiffs challenged the State’s failure to provide a constitutionally adequate education to Baltimore City students. On a summary judgment motion, the Circuit Court found that the education being provided to Baltimore students was inadequate. Prior to trial, the case was settled and the parties entered into a consent decree. In 2000, the Circuit Court ruled that the State was still not providing an adequate education and had failed to comply with the consent degree. Shortly thereafter, the State created a Commission on Education, Finance, Equity, and Excellence (Thornton Commission). In January 2002, the commission’s recommendations on restructuring the school finance system and increasing funding were largely approved by the legislature. In 2004, Baltimore City Public Schools (BCPS) instituted a plan to cut certain education programs and services benefiting Baltimore City school children, in order to satisfy a 2004 statutory requirement to eliminate budget deficits. Plaintiffs filed a motion to stop the Baltimore City Board of School Commissioners from making these funding cuts. Although the Circuit Court ordered restoration of the funds that were stripped from the budget, the Court of Appeals reversed and held that the deficit reduction act was not unconstitutional on the alleged basis that it would lead BCPS to divert funds from educational programs, thereby exacerbating funding deficiencies previously found by the Court.

The Circuit Court’s 2004 decision in Bradford also found that at least an additional $225 million in state aid was needed to achieve Constitutional adequacy, and ordered the State to comply by fiscal year 2008. The Court of Appeals did not rule on those aspects of the Circuit Court’s order, since they were not appealable final judgments.

Summary of Case Law on Preschool

Although none of the case law has specifically dealt with the issue of publicly-funded preschool education, the Bradford litigation appears to have been the impetus for significant legislative reforms, including creation of a pre-kindergarten program for at-risk children to be available to all eligible children by 2007-2008.

Constitutional Provisions on Public Education

Md. Const. Art. III, § 52(4)

Each [annual state] Budget shall embrace an estimate of all appropriations in such form and detail as the Governor shall determine or as may be prescribed by law, as follows: … (f) for the establishment and maintenance throughout the State of a thorough and efficient system of public schools in conformity with Article 8 of the Constitution and with the laws of the State …

Md. Const. Art. VIII, § 1

The General Assembly, at its First Session after the adoption of this Constitution, shall by Law establish throughout the State a thorough and efficient System of Free Public Schools; and shall provide by taxation, or otherwise, for their maintenance.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In Hornbeck v. Somerset Cty. Bd. of Educ., 295 Md. 597, 458 A.2d 758 (1983), the Maryland Court of Appeals held that education is not a fundamental right under the equal protection clause of the State Constitution and declined to apply a "strict scrutiny" analysis to the education finance scheme. The Court held that the school funding scheme satisfied the applicable "rational basis" test and made sufficient "efforts … to minimize the impact of undeniable and inevitable demographic and environmental disadvantages on any given child."

School Finance Cases in Favor of Plaintiffs:

Bradford v. Maryland State Bd. of Educ. (Circuit Court for Baltimore City 1996)

In 1994, the plaintiffs—parents and students in the Baltimore City school district—challenged the State’s failure to provide an adequate education as required by the State Constitution. The Circuit Court for Baltimore City rejected the State’s motion to dismiss the case, finding that the education being provided to city students was inadequate. Before the case could proceed to trial, the parties settled and entered into a Consent Decree that required additional state funding and appointment of a new City Board of School Commissioners. The new Board conducted a needs assessment and recommended an increase in spending, which was not implemented by the school district. As a result, the plaintiffs went back to court and in 2000 the Circuit Court ruled that the State was still not providing an adequate education and had failed to comply with the Consent Decree. It ordered the State to come up with additional funding in order to comply with the Consent Decree for 2001 and 2002. The State, in the meantime, had established the Thornton Commission to make recommendations on school funding. In January 2002, the commission’s final report recommended that the State restructure its finance system and significantly increase funding. Many of the Thornton Commission’s recommendations were implemented by the legislature in the 2002 "Bridge to Excellence in Public Schools Act." In 2002, the Circuit Court extended its continuing oversight of the case to ensure the State’s compliance with the Consent Decree and the court’s order.

In 2005, the Circuit Court found that the 2002 legislation still was not providing the plaintiffs with a constitutionally adequate education, and declared that at least an additional $225 million were needed to achieve Constitutional adequacy. The Circuit Court ordered the State to comply by fiscal year 2008. See Maryland State Bd. of Educ. v. Bradford, 387 Md. 353, 380, 875 A.2d 703, 719 (2005).

Standard for a Constitutionally Adequate Education:

The State courts have not articulated a standard for a constitutionally adequate education. In Hornbeck v. Somerset Cty. Bd. of Educ., 295 Md. 597, 632, 458 A.2d 758, 776 (1983), the Maryland Court of Appeals held that the State Constitution’s "thorough and efficient" clause created a legislative duty "to establish such a system, effective in all school districts, as will provide the State's youth with a basic public school education." Under that standard, uniformity or equality in funding is not required, "so long as efforts are made, as here, to minimize the impact of undeniable and inevitable demographic and environmental disadvantages on any given child."

School Finance Cases against Plaintiffs:

Hornbeck v. Somerset Cty. Bd. of Educ., 295 Md. 597, 458 A.2d 758 (1983)

The Maryland Court of Appeals upheld the system of school finance then in effect, ruling that the State constitutional requirement of a "thorough and efficient system of free public schools" does not require exact equality in funding provided to each of the State’s school districts (thus rejecting plaintiffs’ claim on the basis of this provision). The Court also rejected plaintiffs’ state and federal equal protection claims, holding that education was not a fundamental right in Maryland, and finding a "rational basis" underlying the State’s funding statutes. Central to the Court’s reasoning was the fact that "no evidentiary showing was made in the present case—indeed no allegation was even advanced—that these [comprehensive Statewide] qualitative standards [governing all facets of the educational process in the State's public elementary and secondary schools] were not being met in any school district, or that the standards failed to make provision for an adequate education, or that the State's school financing scheme did not provide all school districts with the means essential to provide the basic education contemplated by § 1 of Art. VIII of the 1867 Constitution."

Maryland State Bd. of Educ. v. Bradford, 387 Md. 353, 875 A.2d 703 (2005)

In the continuing Bradford case begun in 1994 (see discussion above under "School Finance Cases in Favor of Plaintiffs"), plaintiffs returned to the Circuit Court for Baltimore City in 2004 on a motion seeking an order directing the State, Baltimore City, and the Baltimore City Public Schools (BCPS) to reassess their plans to implement budget cuts that were required to comply with the Education Fiscal Accountability and Oversight Act of 2004. The Act obligated the Baltimore City Board of School Commissioners (Board) to eliminate certain budget deficits by June 30, 2006. Accordingly, in 2004, BCPS formulated a plan to reduce a $58 million deficit by eliminating programs, increasing class size, encouraging skilled teachers to retire, and making other cuts. The plaintiffs maintained that the Board’s plan to cut programs and services benefiting Baltimore City schoolchildren violated the court's 2000 order and the Consent Decree. In August 2004 the Circuit Court agreed, stating that the funding cuts "impermissibly interfered with progress towards providing a constitutionally adequate education for Baltimore schoolchildren." The Maryland Court of Appeals, however, reversed, holding that as "part of its responsibility for establishing throughout the State a thorough and efficient system of free public schools, the General Assembly has at least the authority, if not an obligation, to ensure that appropriations for educational purposes are managed wisely and, in furtherance of that authority or obligation, to prohibit local school systems from running deficits and, if they do run such deficits, to insist that they be promptly eliminated." Maryland State Bd. of Educ. v. Bradford, 387 Md. 353, 388, 875 A.2d 703, 723-734 (2005).

The State also had asked the Circuit Court for Baltimore City to declare that State aid provided by the 2002 Bridge to Excellence in Public Schools Act "satisfie[d] the constitutional standard of adequacy." 387 Md. at 378, 875 A.2d at 717. The Circuit Court declined to make such a declaration, instead declaring that at least an additional $225 million were needed to achieve Constitutional adequacy, and ordering the State to comply by fiscal year 2008. 387 Md. at 380, 875 A.2d at 719. The Court of Appeals did not rule on those aspects of the Circuit Court’s order, finding that they were not appealable final judgments.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None. However, the Bradford litigation, discussed above under School Finance Decisions in Favor of Plaintiffs, was instrumental in motivating the State to substantially overhaul its school funding system and early education programs. The Thornton Commission (Commission on Education, Finance, Equity, and Excellence) was created by legislation in 1999 and issued its final report in January 2002. Based on the Commission’s recommendations, the General Assembly enacted the 2002 "Bridge to Excellence in Public Schools Act," which implemented significant educational reforms, including expansion of prekindergarten programs for all at-risk children and creation of full-day kindergarten throughout the State.

Pending School Finance Cases:

Maryland State Bd. of Educ. v. Bradford (Circuit Court for Baltimore City)

The Circuit Court for Baltimore City continues to exercise jurisdiction over the Bradford case to ensure compliance with the Consent Decree and the court’s order.

Statutes, Regulations and Guidance Documents on State Preschool Program

Maryland Code, Education (Md. Code, Educ.) § 5-206, Distribution of Grants

Maryland Code, Education (Md. Code, Educ.) § 5-207 et seq., [State Aid Formulas]

Maryland Code, Education (Md. Code, Educ.) § 5-217, Judith P. Hoyer Early Child Care and Education Enhancement Program

Maryland Code, Education (Md. Code, Educ.) § 5-401, Comprehensive Master Plans

Maryland Code, Education (Md. Code, Educ.) § 7-101.1, Prekindergarten programs

Maryland Code, Education (Md. Code, Educ.) § 7-103, Required School Days and Holidays

Maryland Administrative Code (Md. Admin. Code) § 13A.06.02.01 et seq., Prekindergarten Programs

Maryland Administrative Code (Md. Admin. Code) § 13A.08.01.02 et seq., Students: General Regulations

See also:

Maryland Department of Education, Voluntary State Curriculum (cited below as "MDE Voluntary State Curriculum")..

Maryland Department of Education, Standards for Implementing Quality Early Learning Programs.

Provisions Expressing State Policy on Preschool:

Md. Admin. Code § 13A.06.02.01(A)

This chapter applies to all publicly funded prekindergarten programs for eligible 4-year-old children administered by local boards of education or qualified vendors with the overall goal of providing learning experiences to help children develop and maintain school readiness skills necessary for successful school performance.

Judith P. Hoyer Early Child Care and Education Enhancement Program

Md. Code, Educ. § 5-217(b)(2)

The purpose of this program is to promote school readiness through … the delivery of high quality, comprehensive, full-day early child care and education programs and family support services.

Eligibility Criteria for State Preschool Program:

Md. Code, Educ. § 7-101.1.

(a)  (1) In this section the following terms have the meanings indicated.

(2) "Economically disadvantaged background" means a family whose income would make a child eligible for free or reduced price meals if the child were in kindergarten.

(3) "Eligible child" means a child:

(i) Who is from an economically disadvantaged background;

(ii) Whose parent or guardian seeks to enroll the child in a public prekindergarten program; and

(iii) Who is 4 years old on September 1 of the school year in which the parent or legal guardian seeks to enroll the child in a public prekindergarten program.

(4) "Eligible for free or reduced price meals" means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.

(b) By the 2007-2008 school year, all eligible children shall be admitted free of charge to publicly funded prekindergarten programs established by each of the county boards. …

Md. Admin. Code § 13A.06.02.03.

A. A local school system shall enroll all 4-year-old applicants who are from families with economically disadvantaged backgrounds or who are homeless.

B. For vacancies remaining after compliance with §A of this regulation, a local school system may enroll 4-year-old applicants who are not from families with economically disadvantaged backgrounds but who represent a student population that exhibits a lack of readiness in personal and social development, language and literacy, mathematical thinking, scientific thinking, social studies, the arts, or physical development and health.

Md. Admin. Code § 13A.08.01.02(A)

(1) Beginning with the 2002-2003 school year through the 2004-2005 school year, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on:

(2) Beginning with the 2005-2006 school year and each school year thereafter, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on September 1 of the school year in which the child applies for entrance.

(3) The local board of education may adopt a regulation permitting a 3-year-old child, upon request by the parent or guardian, to be admitted to prekindergarten if the local superintendent of schools or the superintendent's designee determines that the child has demonstrated capabilities warranting early admission. The regulation shall include a provision for promotion of a 4-year-old child to kindergarten if the local superintendent or the superintendent's designee determines that the child has demonstrated capabilities warranting promotion to kindergarten.

Program Length/Duration:

Md. Admin. Code § 13A.06.02.05. A local school system shall:

… B. Operate the prekindergarten educational program 5 days per week for a minimum of 2.5 hours per day consistent with the school calendar approved by the local board … .

Maryland Department of Education, Prekindergarten Program Questions Frequently Asked

6. … Local school superintendents may choose to establish all-day prekindergarten programs in their jurisdictions.

Md. Code, Educ. § 7-103(f). Publicly funded prekindergarten programs are not subject to the requirements of subsection (a) of this section [regarding length of day and year in public schools].

Judith P. Hoyer Early Child Care and Education Enhancement Program

Md. Code, Educ. § 5-217.

(a)(6) "Full day" means a period of time during the day that:

(i) Meets the needs of families; and

(ii) Is not less than 7 hours or more than 12 hours per day.

(b)(2) The purpose of the [Hoyer] Program is to promote school readiness through the development and expansion of collaborative approaches to the delivery of high quality, comprehensive, full-day early child care and education programs and family support services.

Scope of State’s Responsibility to Provide Preschool:

Md. Code, Educ. § 5-401.

… (b)(1) Each county board shall develop and implement a comprehensive master plan that describes the goals, objectives, and strategies that will be used to improve student achievement and meet State performance standards and local performance standards in each segment of the student population.

… (d) The plan shall include goals, objectives, and strategies regarding the performance of:

… (3) Prekindergarten students … .

Md. Code, Educ. § 7-101.1.

… (b) By the 2007-2008 school year, all eligible children shall be admitted free of charge to publicly funded prekindergarten programs established by each of the county boards.

… (d) In the comprehensive master plan that is submitted under § 5-401 of this article, a county board shall identify the strategies that will be used in that county to ensure that publicly funded prekindergarten programs are available to all eligible children in that county by the 2007-2008 school year.

Md. Admin. Code § 13A.06.02.01.

… B. From the 2003-2004 school year through the 2006-2007 school year, enrollment [in publicly funded prekindergarten programs] shall be based upon the availability of prekindergarten sites established by the local board of education. Beginning in 2007-2008, local boards of education shall have completed expansion of prekindergarten programs in order to accommodate all eligible 4-year-old children seeking enrollment.

Scope of State's Responsibility to Fund Preschool:

Md. Code, Educ. § 7-101.1.

… (b) By the 2007-2008 school year, all eligible children shall be admitted free of charge to publicly funded prekindergarten programs established by each of the county boards.

… (d) In the comprehensive master plan that is submitted under § 5-401 of this article, a county board shall identify the strategies that will be used in that county to ensure that publicly funded prekindergarten programs are available to all eligible children in that county by the 2007-2008 school year

Source of Funding for Preschool Program:

Md. Code, Educ. § 5-206(g)

(1) In fiscal year 2007, the State shall distribute a grant to each county board that is equal to the amount received by the county board in fiscal year 2002 for the extended elementary education program.

(2) In each of fiscal years 2005 and 2006, the State shall distribute a grant to each county board that is equal to 87.5% of the amount received by the county board in fiscal year 2002 for the extended elementary education program.

Md. Code, Educ. § 5–207 [Compensatory Education Formula]

(a) (1) In this section the following words have the meanings indicated.

(2) "Aggregate State funding level for the compensatory education formula" means the product of the compensatory education per pupil amount and the statewide compensatory education enrollment count.

(3) … "compensatory education enrollment count" means the number of students eligible for free or reduced price meals for the prior fiscal year.

(4) "Compensatory education per pupil amount" means 97% of the annual per pupil foundation amount calculated under § 5202 of this subtitle multiplied by the State share of compensatory education funding.

(5) "Eligible for free or reduced price meals" means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.

(6) "Fulltime equivalent enrollment" has the meaning stated in § 5202 of this subtitle.

(7) "Local wealth per pupil" means a county’s wealth divided by the county’s fulltime equivalent enrollment.

(8) "State share of compensatory education funding" means:

(i) 0.29 in fiscal year 2004;

(ii) 0.37 in fiscal year 2005;

(iii) 0.41 in fiscal year 2006;

(iv) 0.46 in fiscal year 2007; and

(v) 0.50 in fiscal year 2008 and each fiscal year thereafter.

(9) "Statewide wealth per pupil" means the sum of the wealth of all counties divided by the statewide fulltime equivalent enrollment.

(10) "Wealth" has the meaning stated in § 5202 of this subtitle.

(b) Each year the State shall distribute compensatory education grants to county boards.

(c) (1) The amount of the compensatory education grant distributed to a county board shall be calculated as provided in this subsection.

(2) For each county, multiply the compensatory education per pupil amount by the county’s compensatory education enrollment count.

(3) For each county, divide the result calculated under paragraph (2) of this subsection by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil.

(4) For each county, multiply the result calculated under paragraph (3) of this subsection for the county by the result, rounded to seven decimal places, that results from dividing the aggregate State funding level for the compensatory education formula by the sum of all of the results calculated under paragraph (3) of this subsection for all counties.

(d) (1) If the amount calculated under subsection (c)(4) of this section for any county is less than the minimum compensatory education grant amount determined under paragraph (2) of this subsection, the State shall distribute an additional grant to the county in the amount by which the minimum compensatory education grant amount exceeds the result calculated under subsection (c)(4) of this section.

(2) For purposes of paragraph (1) of this subsection, the minimum compensatory education grant amount for each county is the result obtained by multiplying the compensatory education per pupil amount by the county’s compensatory education enrollment count, and multiplying this product by:

(i) 0.50 for fiscal year 2004;

(ii) 0.66 for fiscal year 2005;

(iii) 0.70 for fiscal year 2006;

(iv) 0.76 for fiscal year 2007; and

(v) 0.80 for fiscal year 2008 and each fiscal year thereafter.

[ See also Md. Code, Educ. § 5–208, the Limited English Proficiency Formula, and Md. Code, Educ. § 5–209, the Tier II Special Education Grant Formula.]

Maryland Department of Education, Prekindergarten Program Fact Sheet

… In 2007-08, prekindergarten funds will become part of the state aid formula.

Judith P. Hoyer Early Child Care and Education Enhancement Program

Md. Code, Educ. § 5-217(c)(1). The Program shall be funded as provided in the State budget.

Scope of Child's Right to Attend Preschool:

Md. Admin. Code § 13A.06.02.01.

… B. From the 2003-2004 school year through the 2006-2007 school year, enrollment [in publicly funded prekindergarten programs] shall be based upon the availability of prekindergarten sites established by the local board of education. Beginning in 2007-2008, local boards of education shall have completed expansion of prekindergarten programs in order to accommodate all eligible 4-year-old children seeking enrollment.

Curriculum Content Standards for Preschool Program:

Md. Admin. Code § 13A.06.02.05. A local school system shall:

… F. Align each prekindergarten program with the State Content Standards for prekindergarten;

MDE Voluntary State Curriculum. Note: The curriculum standards listed here are a sample of those included in the MDE Voluntary State Content Standards.

Mathematics, Grade PK

Standard 3.0 Knowledge of Measurement

Students will identify attributes, units, or systems of measurements or apply a variety of techniques, formulas, tools or technology for determining measurements.

Topic

A. Measurement Units

Indicator

1. Recognize and use measurement attributes

Objectives

a. Demonstrate an understanding of comparative attributes such as: bigger, smaller, longer, shorter, lighter, heavier, shorter, taller, hotter, colder

b. Compare and describe objects according to a single attribute

Reading, Grade PK

Standard 1.0 General Reading Processes

Topic

A. Phonemic Awareness

Indicator

1. Discriminate sounds and words

Objectives

a. Tell whether sounds are same or different

b. Recognize that letters represent sounds

c. Identify and repeat initial sounds in words

d. Classify words by initial sounds

Teacher Certification/Qualification Standards for Preschool Program:

Md. Admin. Code § 13A.06.02.05. A local school system shall:

… E. Provide staffing for each classroom to include an early childhood teacher who possesses a valid State certificate in early childhood education and a para-professional assigned full-time for the half day program;

Other Quality Standards for Preschool Program:

Md. Admin. Code § 13A.06.02.04.

B. The [facilities plan for prekindergarten program in each local school system] may include local school system agreements with qualified vendors and Head Start to provide prekindergarten program services that meet the local school system responsibilities in accordance with Regulation .05 of this chapter.

Md. Admin. Code § 13A.06.02.05. A local school system shall:

A. Develop and maintain a policy for determining the eligibility and selection of prekindergarten sites as well as students for prekindergarten programs consistent with the requirements of this chapter; …

…G. Based on the September 30 enrollment count, maintain an average staff to student ratio of 1:10 with an average of 20 students per classroom.

The Maryland State Department of Education has issued Standards for Implementing Quality Early Learning Programs "for use by staff in Maryland public school prekindergarten and kindergarten programs as well as center-based child care and Head Start."

Delivery of Preschool Services:

Md. Admin. Code § 13A.06.02.04.

…B. The [facilities plan for prekindergarten program in each local school system] may include local school system agreements with qualified vendors and Head Start to provide prekindergarten program services that meet the local school system responsibilities in accordance with Regulation .05 of this chapter.

Md. Admin. Code § 13A.06.02.02.

…(4) "Qualified vendor" means a State or nationally accredited child care center or a nonpublic school approved by the Maryland State Department of Education to provide prekindergarten program services.

Md. Code, Educ. § 2-303(j).

The State Superintendent shall establish an Early Childhood Development Division within the Department.

Md. Code, Educ. § 5-593. Responsibilities

The [Early Childhood Development Advisory] Council shall:

(1) advise and counsel the Early Childhood Development Division of the Department;

(2) review regulations proposed by State agencies regulating child care to ensure coordination and consistency;

(3) review issues and problems relating to care of children and suggest priorities for consideration by the Early Childhood Development Division; and

(4) identify interdepartmental issues of importance to child care providers and users that should be addressed by the Early Childhood Development Division and other State agencies.

Judith P. Hoyer Early Child Care and Education Enhancement Program

Md. Code, Educ. § 5-217.

(a) (10) "Participating agencies and programs" includes:

(i) Public prekindergarten and kindergarten programs;

(ii) Head Start programs;

(iii) Family literacy programs and services;

(iv) Local infants and toddlers programs;

(v) Child care centers and family child care homes;

(vi) Family support centers;

(vii) Healthy family sites;

(viii) Parent involvement programs;

(ix) Early childhood programs affiliated with institutions of higher education; and

(x) Other home visiting, community health, family support services, and child care resource and referral agencies.

… (d) The Department may distribute a Judy Center Grant to a county board if the county board submits an application to the Department that includes:

(1) A memorandum of understanding between the county board, the participating agencies and programs, and, in the discretion of the county board, the local management board that includes:

(i) The terms of the collaboration to be undertaken by the county board, the participating agencies and programs, and, if applicable, the local management board, including the roles and responsibilities of each of these entities; and

(ii) A plan for establishing ongoing communication between private service providers and public school early education programs; and

(2) Documentation that shows that:

(i) The Department's Early Childhood Assessment System will be implemented at the Center;

(ii) All participating agencies and programs that provide early child care and education services through the Center have voluntarily obtained accreditation or, by the date of the Grant application, have voluntarily initiated and are actively pursuing the process of obtaining accreditation; and

(iii) The Center will provide comprehensive, full-day early child care and education services and family support services.

(e)  (1) The Department may distribute an Early Child Care and Education Enhancement Grant to a county board to be used to purchase early child care and education services and family support services from providers that have voluntarily obtained accreditation or have voluntarily initiated and are actively pursuing accreditation.

Requirements for Student Assessment and Program Evaluation:

Md. Admin. Code § 13A.06.02.05. A local school system shall:

… C. Analyze the Department-approved kindergarten assessment system information described in Md. Admin. Code § 13A.08.01.02-3 to evaluate the effectiveness of the prekindergarten program;

D. Provide data in the Bridge to Excellence Master Plan needs assessment to indicate progress on prekindergarten program goals… .

Md. Admin. Code § 13A.08.01.02-3.

Each local school system shall provide to the Department by December 1 of each year information about school readiness of students entering kindergarten as measured by a Department-approved kindergarten assessment system in the following areas:

A. Personal and social development;

B. Language and literacy;

C. Mathematical thinking;

D. Scientific thinking;

E. Social studies;

F. Arts; and

G. Physical development.

Judith P. Hoyer Early Child Care and Education Enhancement Program

Md. Code, Educ. § 5-217.

… (f) The Department may distribute funds to a county board for the purpose of implementing the Department's Early Childhood Assessment System in the county's public schools.

… (j) The Department shall select through a competitive bidding process and supervise an evaluator who shall design and implement an evaluation process to measure the effectiveness of:

(1) The Judy Centers; and

(2) Early child care and education services and family support services that are purchased with funds from Early Child Care and Education Enhancement Grants.

(k) The Department shall submit to the Governor and, subject to § 2-1246 of the State Government Article, the General Assembly:

(1) On or before January 1 of each year, a report on the implementation of the Program, including a description of the Program's expenditures; and

(2) On or before January 1, 2004, a separate report that includes an evaluation, based on objective performance criteria established by the Department, of the effectiveness of:

(i) The Judy Centers; and

(ii) Early child care and education services and family support services that are purchased with funds from Early Child Care and Education Enhancement Grants.