(a) (1) Beginning in the 2022-2023 school year, Tier I children who are 3 or 4 years old may be enrolled in a full-day prekindergarten program under this subtitle. (2) (i) For the 2023-2024 through 2025-2026 school years, children who are 3 or 4 years old may enroll in a full-day prekindergarten program under this subtitle if the children are: 1. Children whose family income is more than 300% but not more than 600% of the federal poverty level; and 2. A. Children with disabilities; or B. Children from homes in which English is not the primary spoken language. (ii) For the 2023-2024 through 2025-2026 school years only, children described under subparagraph (i) of this paragraph shall be counted as Tier I children for purposes of funding allocated under § 5-229 of this article. (b) (1) The proportion of enrolled Tier I children who are 3 years old shall increase annually until all Tier I children who are 3 years old are enrolled in a full- day prekindergarten program. (2) The proportion of enrolled Tier I children who are 4 years old shall increase annually so that all Tier I children who are 4 years old shall be enrolled in a full-day prekindergarten program. (c) Beginning in the 2025-2026 school year, Tier II children not described under subsection (a)(2)(i) of this section may be enrolled in a full-day prekindergarten program if space is available to encourage socioeconomic diversity in prekindergarten classrooms. (d) Priority in expanding prekindergarten slots shall be provided to 3- and 4-year olds who are: (1) Tier I children; (2) Children with disabilities, regardless of income; or (3) Children from homes in which English is not the primary spoken language. (e) The ability of a family to choose the prekindergarten provider in which to enroll their child does not supersede local authority to set school attendance boundaries.
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