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(j) “Tier II child” means a child:

(1) Who is 4 years old;

(2) (I) [Whose] IN FISCAL YEAR 2026, WHOSE family income is more than 300% but not more than [600%] 360% of the federal poverty level; and

(II) IN FISCAL YEAR 2027 AND IN EACH FISCAL YEAR THEREAFTER, WHOSE FAMILY INCOME IS MORE THAN 300% BUT NOT MORE THAN 600% OF THE FEDERAL POVERTY LEVEL; AND

(3) Whose family chooses to enroll the child in full–day prekindergarten.

7–1A–06.

(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) [Beginning in] FOR the 2023–2024 THROUGH 2025–2026 school [year] YEARS, children who are 3 or 4 years old may enroll in a full–day prekindergarten program under this subtitle if the children are:

[(i)] 1. [Tier II children] CHILDREN WHOSE FAMILY INCOME IS MORE THAN 300% BUT NOT MORE THAN 600% OF THE FEDERAL POVERTY LEVEL; and

[(ii)] 2. [1.] A. Children with disabilities; or

[2.] B. Children from homes in which English is not the primary spoken language.

[(3)] (II) [In] FOR the 2023–2024 THROUGH 2025–2026 school [year] YEARS only, children described under [paragraph (2) of this subsection] SUBPARAGRAPH (I) OF THIS PARAGRAPH shall be counted as Tier I children for purposes of funding allocated under § 5–229 of this article.

[(4) Beginning in the 2024–2025 school year, children described under paragraph (2) of this subsection shall be counted as Tier II 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.