A009-9900
10 AN ACT CONCERNING
20 Public Schools-Class Size Reduction-Smart Growth
30 Pilot Program
40 FOR the purpose of establishing pilot program to limit the class size in certain
50 areas for certain grades and certain classes to a specific amount;
60 requiring the Department of Education to solicit explicit plans from
70 county boards of education; authorizing a county board to submit a
80 specific plan to the Department by a particular date; requiring the
90 Department to select certain plans for implementation under specific
100 criteria by a particular date; requiring the Department to establish a
110 certain fund to finance the Pilot Program; establishing that a certain
120 county board must include explicit measures in a certain plan; requiring a
130 certain county board to submit a certain report to the Department;
140 establishing specific penalties for failure of a participating county board
150 to achieve certain goals; providing for funding of the Program; providing
160 that funding for the Program may not supplant certain other existing
170 funding; requiring the Department to adopt certain regulations and
180 conduct a certain study; defining certain terms; creating an exception to
190 the prohibition against the State paying for certain land; and generally
200 pilot program to limit class sizes.
210 By adding to
220 Article - Education
230 Section 5-213
240 Annotated Code of Maryland
250 (1999 Replacement Volume)
260 By repealing and reenacting, with amendments
270 Article - Education
280 Section 5-301(a)
290 Annotated Code of Maryland
300 (1999 Replacement Volume)
310 Preamble
320 WHEREAS, Many of Maryland's primary schools are overcrowded and have
330 class sizes, which can reach as high a 40 students in kindergarten through
340 grade three. These are critical years of development for school children
350 when individual attention and instruction will often be a critical element of
360 future scholastic success.
370 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT
380 LEGISLATURE, That the Laws of Maryland read as follows:
390 Article - Education
400 ¤ 5-213
410 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
420 MEANINGS INDICATED.
430 (2) "CLASS SIZE REDUCTION PLAN" MEANS A COMPREHENSIVE
440 PLAN TO REDUCE OR MAINTIAN THE CLASS SIZE IN
450 KINDERGARTEN THROUGH GRADE 3 FOR CORE CURRICULUM
460 CLASSES TO 17 OR FEWER STUDENTS.
470 (3) "FUNDS" MEANS THE CLASS SIZE REDUCTION FUND.
480 (4) "LOCALLY DESIGNATED GROWTH AREA" HAS THE MEANING
490 STATED IN ¤5-7B-01 OF THE STATE FINANCE AND
500 PROCUREMENT ARTICLE.
510 (B) THERE IS A PILTO PROGRAM FOR CLASS SIZE REDUCTION
520 ADMINISTERED AND DIRECTED BY THE DEPARTMENT.
530 (C) THE PURPOSE OF THE PILOT PROGRAM IS TO LIMIT THE
540 CLASS SIZE IN KINDERGARTEN THROUGH GRADE 3 FOR CORE
550 CURRICULUM CLASSES TO 17 OR FEWER STUDENTS AS SOON
560 AS POSSIBLE IN ALL SCHOOLS IN 12 LOCALLY DESIGNATED
570 GROWTH AREAS THAT ARE DESIGNATED AS PRIORITY
580 FUNDING AREAS.
590 (D) THE PILOT PROGRAM SHALL BE IMPLIMENTED AS FOLLOWS:
600 (1) THE DEPARTMENT SHALL SOLICIT FROM COUNTY BOARDS A
610 CLASS SIZE REDUCTION PALN FOR ALL SCHOOLS IN A
620 LOCALLY DESIGNATED GROWTH AREA THAT IS DESIGNATED
630 AS A PRIORITY FUNDING AREA.
640 (2) A COUNTY BOARD MAY DEVELOP AND SUBMIT TO THE
650 DEPARTMENT A CLASS SIZE REDUCTION PLAN FOR ALL
660 SCHOOLS IN A LOCALLY DESIGNATED GROWTH AREA
670 DESIGNATED AS A PRIORITY FUNDING AREA BY JANUARY 1,
680 2001, OR JANUARY 1, 2003.
690 (3) BY MAY 1, 2001, THE DEPARTMENT SHALL SELECT SIX CLASS
700 SIZE REDUCTION PLANS FORM THOSE SUBMITTED BY
710 COUNTY BOARDS FOR IMPLEMENTATION; OR BY MAY 1, 2003,
720 THE DEPARTMENT SHALL SELECT SIX ADDITIONAL PLANS.
730 IN SELECTING CLASS SIZE REDUCTION PLANS TO BE
740 IMPLEMENTED THE DEPARTMENT SHALL GIVE PRIORITY TO
750 IMPLEMENTING: (I)THE MOST EFFECTIVE CRP, AS
760 DETERMINED BY THE DEPARTMENT; (II)CRP FOR LOCALLY
770 DESIGNATED GROWTH AREAS WITH THE HIGHEST AVERAGE
780 CLASS SIZES IN KINDERGARTEN THROUGH GRADE 3; (III)CRP
790 FOR SCHOOLS THAT SHOW THE LOWEST LEVEL OF
800 IMPROVEMENT TOWARDS MEETING THE STANDARDS OF THE
810 SCHOOL PERFORMANCE PROGRAM.
820 (4) THE DEPARTMENT SHALL ESTABLISH THE CLASS SIZE
830 REDUCTION FUND TO FINANCE THE PROGRAM.
840 (5) ON APPROVAL BY THE DEPARTMENT OF A CRP, THE
850 DEPARTMENT SHALL APPROIATE MONEYS OUT OF THE FUND
860 TO THE COUNTY BOARD TO IMPLEMENT THE CRP.
870 (E) A CRP SHALL:
880 (1) RECOMMEND MEASURES TO REDUCE OR MAINTIAN THE
890 CLASS SIZE IN KINDERGARTEN THROUGH GRADE 3 FOR CORE
900 CURRICULUM IN A LOCALLY DESIGNATED GROWTH AREA TO
910 TO 17 OR FEWER STUDENTS;
920 (2) ESTIMATE THE COST OF THE MEASURES IN PARAGRAPH OF
930 THIS PARAGRAPH;
940 (3) ESTIMATE THE FUTURE GROWTH OR DECLINE OF THE
950 KINDERGARTEN THOUGH GRADE 3 STUDENT POPULATION IN
960 THE LOCALLY DESIGNATED GROWTH AREA;
970 (4) INCLUDE A SCHEDULE FOR THE COMPLETION OF
980 INDIVIDUAL ELEMENTS OF THE PLAN AND THE ENTIRE PLAN;
990 (5) INCLUDE AN ASSESSMENT OF THE FACILITIES THAT WILL
1000 NEED TO BE CONSTRUCTED, ACQUIRED, OR LEASED, AND AN
1010 ESTIMATE FO THE COST OF THE NEW FACILITIES;
1020 (6) INCLUSE THE HIRING OF ADDITIONAL TEACHERS;
1030 (7) ESTABLISH APPROPRIATE TEACHER TRAINING PROGRAMS,
1040 INCLUDING TRAINING; (I)REGARDING THE SKILLS OF
1050 TO SMALL GROUPS; (II)NECESSARY TO MAXIMIZE THE
1060 EDUCATIONAL ADVANTAGES OF CLASS SIZE REDUCTION; (III)
1070 FOR INDIVIDUAL INSTRUCTION; (IV)IN CLASSROOM
1080 MANAGEMENT FOR SMALL CLASSES; AND (V)FOR
1090 INDENTIFYING AND REPSONDING TO NEEDS OF THE
1100 STUDENTS;
1110 (8) INCLUDE ANY OTHER APPROPRIATE PROGRAMS OF
1120 MEASURES.
1130 (F) A COUNTY BOARD OF A PARTICIPATING COUNTY SHALL:
1140 (1) HAVE A CRP APPROVED BY THE DEPARTMENT;
1150 (2) SUBMIT AN ANNUAL PROGRESS REPORT TO THE
1160 DEPARTMENT; AND
1170 (3) COMPLETE ITS SCHEDULES IN A TIMELY MANNER, SUBJECT
1180 ANNUAL REVIEW BY THE DEPARTMENT.
1190 (G) (1) THE DEPARTMENT: SHALL REVIEW ANNUALLY THE
1200 PROGRESS OF A COUNTY BOARD IN IMPLEMENTING A CRP
1210 AND IF APPLICABLE, MAY CERTIFY THAT THE COUNTY
1220 BOARD IS ON SCHEDULE TO COMPLETE THE CRP.
1230 (2) IF THE DEPARTMENT DOES NOT CERTIFY THAT THE
1240 PARTICIPATING COUNTY BOARD IS ON SCHEDULE TO
1250 COMPLETE THE CRP, THEN THE DEPARTMENT MAY NOT
1260 APPROPRIATE MONEYS OUT OF THE FUND TO THE COUNTY
1270 BOARD UNDER THIS SECTION.
1280 (3) CLASS SIZES IN KINDERGARTEN THROUGH GRADE 3 FOR
1290 CORE CURRICULUM CLASSES MAY EXCEED 17 STUDENTS IN
1300 A PARTICIPATING LOCALLY DESIGNATED GROWTH AREA
1310 WITHOUT THE COUNTY BOARD BEING SUBJECT TO THE
1320 PENALTIES OF PARAGRAPH (2) OF THE SUBSECTION IF: (I)THE
1330 COUNTY BOARD HAS DEVELOPED A CRP APPROVED BY THE
1340 DEPARTMENT; AND (II) THE DEPARTMENT CERTIFIES THAT
1350 THE COUNTY BOARD IS ON SCHEDULE TO COMPLETE THE
1360 CRP.
1370 (H) FOR FISCAL YEAR 2001 AND EACH SUCCEEDING FISCAL YEAR
1380 THEREAFTER, THE GOVERNOR SHALL APPROPRIATE TO THE
1390 FUND IN THE STATE BUDGET FUNDS TO ACCOMPLISH THE
1400 PURPOSES OF THIS SECTION.
1410 (I) APPROPRIATIONS MADE TO THE FUND UNDER THIS SECTION
1420 MAY NOT BE USED TO SUPPLANT THE EXISTING STATE
1430 SHARE OF BASIC CURRENT EXPENSES UNDER ¤ 5-202 OF THIS
1440 SUBTITLE.
1450 (J) THE DEPARTMENT SHALL:
1460 (1) ADOPT REGULATIONS TO IMPLEMENT THIS SECTION;
1470 (2) DEFINE "CORE CURRICULUM CLASSES" IN ITS REGULATIONS
1480 TO INCLUDE ALL MATH, READING, AND WRITING CLASSES;
1490 AND,
1500 (3) CONDUCT AN ONGOING STUDY OF THE EFFECTS OF CLASS
1510 SIZE REDUCTION ON MARYLAND STUDENT ACHEIVEMENT.
1520 ¤ 5-301
1530 (a) (1) For the purposes of this section other that subsection (c), the Board of
1540 Public Works shall define by regulation what constitutes an approved
1550 public school construction or capital improvement cost.
1560 (2) The EXCEPT AS PROVIDED IN ¤ 5-213 OF THIS TITLE, THE cost of
1570 acquiring land may not be considered a construction or capital
1580 improvement cost and may not be paid by the State.
1590 SECTION 2. BE IT FURTHER ENACTED, that this Act shall take effect June 1,
1600 2000.
1610 MANDATES: Governor Parris N. Glendenning
1620 Lt. Governor Kathleen Kennedy Townsend
1630 Senator Donald Munson
1640 The Honorable Robert McKee, Delegate
Sponsored by:
Matthew J. Burger
Western Maryland College
2 College Hill
Westminster, MD 21157
(410) 751-8114