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*hb0026*
HOUSE BILL 26
F1 6lr1414
SB 819/25 – EEE & B&T (PRE–FILED) CF 6lr1556
By: Delegate Toles
Requested: October 29, 2025
Introduced and read first time: January 14, 2026
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Open Enrollment – Policies and Funding 2
FOR the purpose of authorizing a county board of education to adopt an open enrollment 3
policy to authorize certain students to attend a public school in a county other than 4
the county where the student is domiciled with the student’s parent or guardian, 5
subject to certain requirements; requiring county boards to include certain students 6
in full–time equivalent enrollment counts; directing certain funding to the county in 7
which certain students are enrolled in a public school under an open enrollment 8
policy; and generally relating to open enrollment in public schools. 9
BY repealing and reenacting, without amendments, 10
Article – Education 11
Section 7–101(a) 12
Annotated Code of Maryland 13
(2025 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 7–101(b)(1) 17
Annotated Code of Maryland 18
(2025 Replacement Volume and 2025 Supplement) 19
BY adding to 20
Article – Education 21
Section 7–101.4 22
Annotated Code of Maryland 23
(2025 Replacement Volume and 2025 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 26
Article – Education 1
7–101. 2
(a) All individuals who are 5 years old or older and under 21 shall be admitted 3
free of charge to the public schools of this State. 4
(b) (1) Except as provided in § 4–121 OF THIS ARTICLE, § 7–101.4 OF THIS 5
SUBTITLE, AND § 7–301 of this title and in paragraph (2) of this subsection, each child 6
shall attend a public school in the county where the child is domiciled with the child’s 7
parent, guardian, or relative provid ing informal kinship care, as defined in subsection (c) 8
of this section. 9
7–101.4. 10
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(2) “FULL–TIME EQUIVALENT ENRO LLMENT” HAS THE MEANING 13
STATED IN § 5–201 OF THIS ARTICLE. 14
(3) “LOCAL CURRENT EXPENSE PER STUDENT ” MEANS ALL 15
EXPENDITURES MADE BY A COUNTY FROM COUNTY APPROPRIATIONS, EXCEPT 16
STATE, FEDERAL, AND OTHER AID , FOR PUBLIC ELEMENTAR Y AND SECONDARY 17
EDUCATION IN THE PRE VIOUS FISCAL YEAR DI VIDED BY FULL –TIME EQUIVALENT 18
ENROLLMENT. 19
(4) “OPEN ENROLLMENT POLIC Y” MEANS A POLICY ADOPT ED BY A 20
COUNTY BOARD IN ACCO RDANCE WITH THIS SEC TION THAT AUTHORIZES A CHILD 21
WHO IS OTHERWISE ELI GIBLE TO ATTEND A PU BLIC SCHOOL IN THE STATE TO 22
ATTEND A PUBLIC SCHOOL FREE OF CHARGE IN A COUNTY OTHER THAN THE COUNTY 23
WHERE THE CHILD IS DOMICILED WITH THE CHILD’S PARENT OR GUARDIAN. 24
(5) “RECEIVING COUNTY ” OR “RECEIVING SCHOOL ” MEANS A 25
COUNTY OR A PUBLIC SCHOOL IN A COUNTY IN WHICH A STUDENT FROM A SENDING 26
COUNTY IS ENROLLED UNDER AN OPEN ENROLLMENT POLICY. 27
(6) “SENDING COUNTY” OR “SENDING SCHOOL” MEANS A COUNTY OR 28
A PUBLIC SCHOOL IN A COUNTY IN WHICH A ST UDENT IS DOMICILED W ITH THE 29
STUDENT’S PARENT OR GUARDIAN. 30
(B) A COUNTY BOARD MAY ADO PT AN OPEN ENROLLMEN T POLICY IN 31
ACCORDANCE WITH THIS SECTION. 32
HOUSE BILL 26 3
(C) A COUNTY BOARD’S OPEN ENROLLMENT POLICY SHALL: 1
(1) ALLOW A CHILD FROM A SENDING COUNTY TO BE ENROLLED IN A 2
RECEIVING SCHOOL FREE OF CHARGE; 3
(2) RESERVE SPACE FOR STU DENTS WHO WERE ENROL LED IN THE 4
RECEIVING SCHOOL DUR ING THE PREVIOUS SC HOOL YEAR FOR AUTOMA TIC 5
ENROLLMENT IN EACH SUBSEQUENT SCHOOL YEAR WITHOUT AN APPLICATION; 6
(3) BE PUBLISHED ON THE C OUNTY BOARD’S WEBSITE IN A MANNE R 7
THAT IS EASILY ACCESSIBLE FROM THE HOMEPAGE; AND 8
(4) COMPLY WITH APPLICABL E FEDERAL AND STATE 9
ANTIDISCRIMINATION LAWS. 10
(D) (1) A COUNTY BOARD THAT AD OPTS AN OPEN ENROLLMENT POLICY 11
SHALL ESTABLISH AN APPLICATION PROCESS THAT INCLUDES: 12
(I) AN APPLICATION FORM F OR A PARENT OR GUARD IAN TO 13
APPLY FREE OF CHARGE TO THE COUNTY BOARD TO ENROLL THE PARENT ’S OR 14
GUARDIAN’S CHILD IN A RECEIVING SCHOOL; 15
(II) APPLICATION DEADLINES AND A PROCESS TO REQ UEST A 16
WAIVER OF APPLICATION DEADLINES; AND 17
(III) AN APPLICATION REVIEW PROCESS THAT MEETS T HE 18
REQUIREMENTS OF PARAGRAPH (2) OF THIS SUBSECTION. 19
(2) (I) AN APPLICATION REVIEW P ROCESS SHALL PROVIDE AN 20
ENROLLMENT PREFERENCE FOR CHILDREN WHO ARE: 21
1. ZONED TO THE SCHOOL; OR 22
2. SIBLINGS OF ENROLLED STUDENTS. 23
(II) IN INSTANCES WHERE TH E TOTAL NUMBER OF 24
APPLICATIONS EXCEEDS THE RECEIVING SCHOOL’S OPEN ENROLLMENT CAPACITY, 25
AN APPLICATION REVIEW PROCESS SHALL USE AN EQUITABLE SELECTION PROCESS, 26
WHICH MAY BE A LOTTE RY, THAT MAINTAINS THE E NROLLMENT PREFERENCE S 27
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 28
4 HOUSE BILL 26
(III) AN APPLICATION REVIEW PROCESS SHALL PROVID E 1
WRITTEN NOTIFICATION OF APPROVAL OR DENIAL WITHIN A REASONABLE AMOUNT 2
OF TIME AFTER SUBMISSION OF AN APPLICATION. 3
(3) (I) A COUNTY BOARD SHALL M AKE APPLICATION FORM S 4
AVAILABLE: 5
1. IN HARD COPY FORMAT A T THE OFFICES OF THE 6
COUNTY BOARD; AND 7
2. IN ELECTRONIC FORMAT ON THE COUNTY BOARD ’S 8
WEBSITE IN A MANNER THAT IS EASILY ACCESSIBLE FROM THE HOMEPAGE. 9
(II) AVAILABLE APPLICATION FORMS SHALL INCLUDE 10
INSTRUCTIONS THAT TH E OPEN ENROLLMENT PO LICY IS AVAILABLE FR EE OF 11
CHARGE. 12
(E) A COUNTY BOARD THAT ADOPTS AN OPEN ENROLLMENT POLICY SHALL: 13
(1) TRACK THE OPEN ENROLL MENT CAPACITY BY SCH OOL AND 14
GRADE LEVEL; 15
(2) PUBLISH A REPORT ON T HE OPEN ENROLLMENT C APACITY BY 16
SCHOOL AND GRADE LEVEL ON THE COUNTY BOARD’S WEBSITE IN A MANNER THAT 17
IS EASILY ACCESSIBLE FROM THE HOMEPAGE; AND 18
(3) UPDATE THE REPORT REQ UIRED UNDER ITEM (2) OF THIS 19
SUBSECTION AT LEAST EVERY 4 WEEKS. 20
(F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE A 21
COUNTY BOARD THAT AD OPTS AN OPEN ENROLLM ENT POLICY OR A SCHO OL 22
SUBJECT TO AN OPEN ENROLLMENT POLICY TO: 23
(1) MAKE ALTERATIONS IN T HE STRUCTURE OF A SC HOOL OR THE 24
ARRANGEMENT OR FUNCTIONS OF ROOMS WITHIN A SCHOOL; 25
(2) ESTABLISH OR OFFER AN Y PARTICULAR PROGRAM IN A SCHOOL 26
IF THE PROGRAM IS NOT CURRENTLY OFFERED AT THE SCHOOL; OR 27
(3) ALTER OR WAIVE ANY ES TABLISHED ELIGIBILITY CRITERIA FOR 28
PARTICIPATION IN A P ARTICULAR PROGRAM , INCLUDING AGE REQUIR EMENTS, 29
COURSE PREREQUISITES, AND REQUIRED LEVELS OF PERFORMANCE. 30
HOUSE BILL 26 5
(G) A RECEIVING SCHOOL MAY DENY AN APPLICATION TO ENROLL A CHILD 1
FOR ANY OF THE FOLLOWING REASONS: 2
(1) LACK OF CAPACITY WITHIN THE SCHOOL; 3
(2) THE SCHOOL DOES NOT O FFER APPROPRIATE PRO GRAMS OR IS 4
NOT STRUCTURED OR EQ UIPPED WITH THE NECE SSARY FACILITIES TO MEET ANY 5
SPECIAL NEEDS OF THE CHILD; 6
(3) THE SCHOO L DOES NOT OFFER A P ARTICULAR PROGRAM 7
REQUESTED BY A CHILD’S PARENT OR GUARDIAN; 8
(4) THE CHILD DOES NOT ME ET THE ESTABLISHED E LIGIBILITY 9
CRITERIA FOR PARTICI PATION IN A PROGRAM , INCLUDING AGE REQUIR EMENTS, 10
COURSE PREREQUISITES, AND REQUIRED LEVELS OF PERFORMANCE; 11
(5) A DESEGREGATION PLAN IS IN EFFECT FOR THE LOCAL SCHOOL 12
SYSTEM AND A DENIAL IS NECESSARY TO MAIN TAIN COMPLIANCE WITH THE 13
DESEGREGATION PLAN; OR 14
(6) THE CHILD HAS BEEN EX PELLED FROM A SCHOOL OR IS IN THE 15
PROCESS OF EXPULSION FOR HABITUAL DISRUPTION OF EDUCATIONAL ACTIVITIES. 16
(H) A SCHOOL SUBJECT TO AN OPEN ENROLLMENT POLICY SHALL: 17
(1) CONSIDER ANY STUDENT ENROLLED UNDER AN OP EN 18
ENROLLMENT POLICY EN ROLLED FOR ALL PURPO SES, INCLUDING SCHOOL 19
ATTENDANCE, ACCOUNTABILITY, AND GRADUATION; AND 20
(2) ACCEPT CREDITS TOWARD GRADUATION AWARDED TO A STUDENT 21
BY THE SENDING COUNTY. 22
(I) (1) A COUNTY BOARD THAT HA S ADOPTED AN OPEN EN ROLLMENT 23
POLICY MAY PROVIDE TRANSPORTATION SERVICES TO A STUDENT. 24
(2) IF A COUNTY BOARD PROVIDES TRANSPORTATION SERVICES TO A 25
STUDENT ENROLLED UND ER THE OPEN ENROLLME NT POLICY , THE RECEIVING 26
COUNTY BOARD SHALL PAY THE COSTS OF THE TRANSPORTATION SERVICES. 27
(J) (1) A RECEIVING COUNTY BOARD SHALL INCLUDE THE STUDENTS IN 28
A RECEIVING SCHOOL IN THE FULL–TIME EQUIVALENT ENROLLMENT COUNT. 29
6 HOUSE BILL 26
(2) EACH FISCAL YEAR, FOR EACH STUDENT ENROLLED IN A SCHOOL 1
UNDER AN OPEN ENROLLMENT POLICY IN ANOTHER COUNTY, THE SENDING COUNTY 2
BOARD SHALL SEND THE RECEIVING COUNTY BOA RD AN AMOUNT EQUAL T O THE 3
LESSER OF: 4
(I) THE LOCAL CURRENT E XPENSE PER STUDENT I N THE 5
SENDING COUNTY; OR 6
(II) THE LOCAL CURRENT EXP ENSE PER STUDENT IN THE 7
RECEIVING COUNTY. 8
(3) IF THE LOCAL CURRENT EXPENSE PER STUDENT IN THE SENDING 9
COUNTY IS LESS THAN THE LOCAL CURRENT EX PENSE PER STUDENT IN THE 10
RECEIVING C OUNTY, THE STATE SHALL PROVIDE T HE DIFFERENCE TO THE 11
RECEIVING COUNTY BOARD. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2026. 14