(a)    Except as provided in subsection (b) of this section, a statewide kindergarten assessment that is administered with the purpose of measuring school readiness:

(1)    Shall be limited to a representative sample, as determined by the Department, of kindergarten students from within each local school system in the State; and

(2)    May include an evaluation of:

(i)    Language and literacy skills;

(ii)    Academic knowledge in mathematics, science, and social studies;

(iii)    Physical development; and

(iv)    Social development.

(b)    A principal and a teacher who are in mutual agreement, or a county board, may administer a statewide kindergarten assessment with the purpose of measuring school readiness if:

(1)    The assessment is completed on or before October 10; and

(2)    The aggregate results are returned within 45 days after administration of the assessment.

(c)    (1)    Except as provided in paragraph (2) of this subsection, a statewide kindergarten assessment may not be administered to an enrolled prekindergarten student.

(2)    A statewide kindergarten assessment or early learning assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school–based professional who intends to use the results in order to identify a disability.

(d)    (1)    Subject to paragraph (2) of this subsection, a county board may administer the early learning assessment to enrolled prekindergarten students in the county.

(2)    Before administering the early learning assessment, a county board shall consult with prekindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.

(e)    The Department shall adopt regulations to implement the requirements of this section.