Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.
Impact
The proposed changes in HB 174 significantly affect the operational guidelines for childcare providers. By incorporating inclusivity into childcare practices, the bill seeks to ensure that facilities can only deny services to children with disabilities under very specific circumstances that align with the Americans with Disabilities Act. This is intended to reduce the number of children with special needs who are denied access to vital childcare services, thus promoting a more inclusive environment within childcare facilities. The bill mandates that certified childhood intervention service providers must also be allowed to provide services to these children in the settings where they are educated or cared for.
Summary
House Bill 174 aims to enhance the regulation of child-care facilities and registered family homes in Texas, focusing particularly on the provision of services to children with disabilities or special needs. It seeks to amend the existing Human Resources Code by enforcing minimum standards that ensure the health, safety, and welfare of children in these facilities. The bill emphasizes promoting comfortable and safe environments for children while ensuring that qualified personnel supervise them adequately. Furthermore, it emphasizes the prevention of discrimination based on disability status in accessing childcare services.
Contention
Key points of contention surrounding HB 174 may center on the feasibility of implementing such regulatory changes across diverse childcare settings, particularly concerning resources and training for personnel to support children with various needs. Some stakeholders may argue that the requirements place additional burdens on childcare facilities, especially smaller or less-resourced ones. Additionally, there may be debates regarding how the bill will be enforced and monitored, with concerns about ensuring that all facilities comply with the new standards without facing recreant penalties.
Implementation
If passed, the provisions of HB 174 will come into effect on September 1, 2025. As such, the executive commissioner of the Health and Human Services Commission will be tasked with promulgating the necessary rules to implement this legislation. This transition period will be critical for training staff, adjusting operations in childcare facilities, and ensuring compliance with the new standards set forth in the bill, with the goal of promoting better inclusive practices for children with disabilities.
Texas Constitutional Statutes Affected
Human Resources Code
Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
Identical
Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.
Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.
Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach or provide services related to special education.
Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach special education.
Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.
Relating to the terminology used to refer to certain disabilities and to an individualized education team for purposes of determining a student's eligibility for special education services and providing those services in public schools.
Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or qualified residential treatment program.