Texas 2009 - 81st Regular

Texas House Bill HB130 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 130
2	2
3	3
4	4	AN ACT
5	5	relating to an enhanced quality full-day prekindergarten program
6	6	provided by public school districts in conjunction with community
7	7	providers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.104(b), Education Code, is amended to
10	10	read as follows:
11	11	(b) An open-enrollment charter school is subject to:
12	12	(1) a provision of this title establishing a criminal
13	13	offense; and
14	14	(2) a prohibition, restriction, or requirement, as
15	15	applicable, imposed by this title or a rule adopted under this
16	16	title, relating to:
17	17	(A) the Public Education Information Management
18	18	System (PEIMS) to the extent necessary to monitor compliance with
19	19	this subchapter as determined by the commissioner;
20	20	(B) criminal history records under Subchapter C,
21	21	Chapter 22;
22	22	(C) reading instruments and accelerated reading
23	23	instruction programs under Section 28.006;
24	24	(D) satisfactory performance on assessment
25	25	instruments and to accelerated instruction under Section 28.0211;
26	26	(E) high school graduation under Section 28.025;
27	27	(F) special education programs under Subchapter
28	28	A, Chapter 29;
29	29	(G) bilingual education under Subchapter B,
30	30	Chapter 29;
31	31	(H) prekindergarten programs under Subchapter E
32	32	or E-1, Chapter 29;
33	33	(I) extracurricular activities under Section
34	34	33.081;
35	35	(J) discipline management practices or behavior
36	36	management techniques under Section 37.0021;
37	37	(K) health and safety under Chapter 38;
38	38	(L) public school accountability under
39	39	Subchapters B, C, D, and G, Chapter 39;
40	40	(M) the requirement under Section 21.006 to
41	41	report an educator's misconduct; and
42	42	(N) intensive programs of instruction under
43	43	Section 28.0213.
44	44	SECTION 2. Section 28.002(l), Education Code, is amended to
45	45	read as follows:
46	46	(l) A school district shall require a student enrolled in
47	47	full-day prekindergarten, in kindergarten, or in a grade level
48	48	below grade six to participate in moderate or vigorous daily
49	49	physical activity for at least 30 minutes throughout the school
50	50	year as part of the district's physical education curriculum or
51	51	through structured activity during a school campus's daily recess.
52	52	To the extent practicable, a school district shall require a
53	53	student enrolled in prekindergarten on less than a full-day basis
54	54	to participate in the same type and amount of physical activity as a
55	55	student enrolled in full-day prekindergarten. A school district
56	56	shall require students enrolled in grade levels six, seven, and
57	57	eight to participate in moderate or vigorous daily physical
58	58	activity for at least 30 minutes for at least four semesters during
59	59	those grade levels as part of the district's physical education
60	60	curriculum. If a school district determines, for any particular
61	61	grade level below grade six, that requiring moderate or vigorous
62	62	daily physical activity is impractical due to scheduling concerns
63	63	or other factors, the district may as an alternative require a
64	64	student in that grade level to participate in moderate or vigorous
65	65	physical activity for at least 135 minutes during each school week.
66	66	Additionally, a school district may as an alternative require a
67	67	student enrolled in a grade level for which the district uses block
68	68	scheduling to participate in moderate or vigorous physical activity
69	69	for at least 225 minutes during each period of two school weeks. A
70	70	school district must provide for an exemption for:
71	71	(1) any student who is unable to participate in the
72	72	required physical activity because of illness or disability; and
73	73	(2) a middle school or junior high school student who
74	74	participates in an extracurricular activity with a moderate or
75	75	vigorous physical activity component that is considered a
76	76	structured activity under rules adopted by the commissioner.
77	77	SECTION 3. Section 28.006, Education Code, is amended by
78	78	adding Subsections (d-2) and (d-3) to read as follows:
79	79	(d-2) A school district that participates in the grant
80	80	program under Subchapter E-1, Chapter 29, shall include
81	81	student-level results of reading instruments administered at the
82	82	kindergarten and first and second grade levels in the district's
83	83	Public Education Information Management System (PEIMS) report.
84	84	(d-3) If a school district that participates in the grant
85	85	program under Subchapter E-1, Chapter 29, administers a reading
86	86	instrument that does not provide information in a form that can be
87	87	reported to the agency on the Public Education Information
88	88	Management System (PEIMS) report, the commissioner shall adopt an
89	89	alternative reporting method that allows the district to submit
90	90	student-level results of reading instruments administered by the
91	91	district at the kindergarten and first and second grade levels.
92	92	SECTION 4. Chapter 29, Education Code, is amended by adding
93	93	Subchapter E-1 to read as follows:
94	94	SUBCHAPTER E-1. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM
95	95	Sec. 29.164. DEFINITION. In this subchapter, "enhanced
96	96	program" or "program" means an enhanced quality full-day
97	97	prekindergarten program provided free of tuition or fees in
98	98	accordance with this subchapter.
99	99	Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
100	100	PROGRAM GRANTS. (a) From funds appropriated for that purpose, the
101	101	commissioner by rule shall establish a grant program under which
102	102	grants are awarded to school districts to implement an enhanced
103	103	quality full-day prekindergarten program for children eligible for
104	104	classes under Section 29.153.
105	105	(b) A school district may apply to the commissioner to
106	106	participate in the grant program. In awarding grants under this
107	107	subchapter for each school year, the commissioner shall give
108	108	priority in the order listed to the following school districts:
109	109	(1) school districts that receive grant funding from
110	110	the commissioner for early childhood education in a lesser amount
111	111	than the amount provided for that purpose during the 2008-2009
112	112	school year and demonstrate above-average student performance for
113	113	the preceding three school years on the assessment instruments
114	114	administered under Section 39.023 to students in the third grade;
115	115	and
116	116	(2) school districts that provide services to eligible
117	117	prekindergarten students and demonstrate above-average student
118	118	performance for the preceding three school years on the assessment
119	119	instruments administered under Section 39.023 to students in the
120	120	third grade.
121	121	(c) A school district may not enroll more than 22 students
122	122	in a program class and must maintain an average ratio in the program
123	123	of not less than one certified teacher or teacher's aide for each 11
124	124	students. Each program class must have at least one certified
125	125	teacher.
126	126	(d) A certified teacher in the program must have a minimum
127	127	of nine semester credit hours of college education courses
128	128	emphasizing early childhood education.
129	129	(d-1) If a certified teacher who meets the requirements of
130	130	Subsection (d) is unavailable, a community provider contracting
131	131	with a school district under this subchapter may employ a teacher
132	132	for the program who has a minimum of three years experience in early
133	133	childhood education, who is certified as a Child Development
134	134	Associate by the Council for Professional Recognition, and who is
135	135	taking one or more college education courses that emphasize early
136	136	childhood education. Not later than the third anniversary of the
137	137	date the community provider contracts with the district, the
138	138	community provider must employ a teacher who meets the requirements
139	139	of Subsection (d).
140	140	(e) A school district must select and implement a curriculum
141	141	for the program that includes the prekindergarten guidelines
142	142	established by the agency.
143	143	(f) A program is subject to any other requirements imposed
144	144	by law that apply to a prekindergarten program not provided in
145	145	accordance with this subchapter, except that to the extent a
146	146	conflict exists between this subchapter and any other provision of
147	147	law, this subchapter prevails.
148	148	(g) The commissioner may accept, solicit, and use federal or
149	149	private grant funds and gifts available for that purpose to fund
150	150	additional or increased grants under this section and Section
151	151	29.155.
152	152	Sec. 29.166. CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED.
153	153	(a) A school district that provides an enhanced program shall use
154	154	at least 20 percent of grant funds provided under this subchapter to
155	155	contract with one or more eligible community providers to provide
156	156	the program.
157	157	(b) The commissioner may waive the requirement under
158	158	Subsection (a) on an annual basis if a school district provides
159	159	documentation acceptable to the commissioner that:
160	160	(1) the area served by the district does not have a
161	161	sufficient number of eligible community providers;
162	162	(2) after a good faith effort, the school district did
163	163	not receive any applications or other indications of interest in
164	164	contracting with the district from eligible community providers; or
165	165	(3) after a good faith effort and for good cause, the
166	166	district and eligible community providers interested in
167	167	contracting with the district were unable to reach an agreement.
168	168	(c) Not later than the 30th day after the date the
169	169	commissioner receives a request for a waiver under Subsection (b),
170	170	the commissioner shall send a written notice to the school district
171	171	and the affected community provider, if applicable, granting or
172	172	denying the request. A school district or community provider
173	173	affected by a decision of the commissioner under this subsection
174	174	may appeal the decision as provided by Section 7.057.
175	175	Sec. 29.167. ELIGIBLE COMMUNITY PROVIDERS. (a) To be
176	176	eligible to contract with a school district to provide an enhanced
177	177	program, a community provider must be center-based and licensed by
178	178	and in good standing with the Department of Family and Protective
179	179	Services. For purposes of this subsection, a community provider is
180	180	in good standing with the Department of Family and Protective
181	181	Services if the department has not taken an action against the
182	182	provider's license under Section 42.071, 42.072, or 42.078, Human
183	183	Resources Code, during the 12-month period preceding the date of a
184	184	contract with a school district.
185	185	(b) Except as provided by Subsection (c), an eligible
186	186	community provider must also meet one of the following criteria:
187	187	(1) the community provider must be certified through
188	188	the school readiness certification system established under
189	189	Section 29.161;
190	190	(2) the community provider must be a Texas Early
191	191	Education Model participant;
192	192	(3) the community provider must be a Texas Rising Star
193	193	Provider with a three-star certification or higher; or
194	194	(4) the community provider must be accredited by a
195	195	research-based, nationally recognized, and universally accessible
196	196	accreditation system approved by the agency that requires a
197	197	developmentally appropriate curriculum that includes math,
198	198	science, social studies, literacy, physical development, and
199	199	social and emotional components.
200	200	(c) Notwithstanding failure to satisfy the requirements of
201	201	Subsection (b) and subject to Subsection (d), a community provider
202	202	otherwise eligible to contract with a school district under
203	203	Subsection (a) may contract with a district if:
204	204	(1) the community provider meets quality criteria
205	205	adopted by the district that are:
206	206	(A) based on the best available peer-reviewed
207	207	research; and
208	208	(B) made available to the public in a timely
209	209	manner; and
210	210	(2) the commissioner approves the arrangement.
211	211	(d) A community provider contracting with a school district
212	212	as provided by Subsection (c) must meet the requirements for
213	213	eligibility provided by Subsection (b) not later than the first
214	214	anniversary of the date the contract was executed.
215	215	Sec. 29.168. WRITTEN CONTRACT REQUIRED. A school district
216	216	and a community provider contracting under this subchapter shall
217	217	enter a written contract governing the services to be provided by
218	218	the community provider. The contract may provide for, but is not
219	219	limited to, the following types of partnerships:
220	220	(1) the school district leases school facilities to or
221	221	from the community provider;
222	222	(2) the school district employs a certified teacher
223	223	for the prekindergarten class and the community provider supplies
224	224	the school facilities and all other personnel and supplies; or
225	225	(3) the community provider supplies the school
226	226	facilities, certified teachers, personnel, and supplies.
227	227	Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) Except as
228	228	provided by Subsection (b), the amount of reimbursement provided by
229	229	a school district to a community provider is negotiable between the
230	230	district and the community provider based on the services provided.
231	231	(b) For each school district prekindergarten student in
232	232	attendance in an enhanced program class provided by a community
233	233	provider in which the community provider supplies the school
234	234	facilities, certified teachers, personnel, and supplies, a school
235	235	district shall reimburse the community provider in an amount not
236	236	less than the sum of:
237	237	(1) the amount of the district's adjusted basic
238	238	allotment, as determined under Section 42.102 or 42.103, as
239	239	applicable, multiplied by 1.0; and
240	240	(2) the amount of any additional funding received by
241	241	the district for the student under Subchapter C, Chapter 42.
242	242	(c) Funding provided under this section does not affect a
243	243	community provider's eligibility to receive any other local, state,
244	244	or federal funds to provide before-school, after-school, and summer
245	245	child care.
246	246	Sec. 29.170. DISCRIMINATION BY COMMUNITY PROVIDER
247	247	PROHIBITED. A community provider may not deny enhanced program
248	248	services to a student on the basis of the student's race, religion,
249	249	sex, ethnicity, national origin, or disability.
250	250	Sec. 29.171. ANNUAL ENHANCED PROGRAM REPORT. (a) A school
251	251	district operating an enhanced program shall provide an annual
252	252	report to the agency not later than August 1 of each year. The
253	253	report must include:
254	254	(1) the percentage of the grant funds provided under
255	255	this subchapter used by the district to contract with community
256	256	providers; and
257	257	(2) data components, approved by the commissioner,
258	258	that illustrate acquisition of knowledge and skills consistent with
259	259	the prekindergarten guidelines established by the agency and
260	260	student-level progress towards school readiness.
261	261	(b) The commissioner may not require a district or recipient
262	262	of grant funds to participate in the school readiness certification
263	263	system established under Section 29.161.
264	264	Sec. 29.172. COLLECTION AND REPORTING OF INFORMATION. The
265	265	agency shall:
266	266	(1) collect and maintain information that is reported
267	267	by a school district to the agency under Section 28.006 and
268	268	information from the assessment instruments administered under
269	269	Section 39.023 to students in the third grade;
270	270	(2) produce longitudinal student performance reports
271	271	using student-level information collected for consecutive grade
272	272	levels; and
273	273	(3) make the reports available and accessible to
274	274	parents and the general public.
275	275	Sec. 29.173. ENHANCED PROGRAM EVALUATION. (a) Using
276	276	information provided to the agency under Sections 29.171 and 29.172
277	277	and using funds available for that purpose, the Legislative Budget
278	278	Board shall conduct or contract for an evaluation of the
279	279	effectiveness of the enhanced program regarding student
280	280	performance outcomes.
281	281	(b) Not later than December 1, 2012, the board shall deliver
282	282	an interim report to the legislature containing the preliminary
283	283	results of the evaluation.
284	284	(c) Not later than December 1, 2016, the board shall deliver
285	285	to the legislature a final report regarding the program.
286	286	(d) This section expires December 1, 2016.
287	287	Sec. 29.174. DUTIES OF COMMISSIONER. The commissioner
288	288	shall:
289	289	(1) require regional education service centers to
290	290	assist:
291	291	(A) school districts in:
292	292	(i) informing parents of prekindergarten
293	293	options;
294	294	(ii) identifying eligible community
295	295	providers and maintaining an updated list of eligible community
296	296	providers; and
297	297	(iii) creating standardized forms and
298	298	processes for outreach to and contracts with community providers
299	299	for use when considering community partnerships;
300	300	(B) community providers in establishing
301	301	contracts with school districts under this subchapter; and
302	302	(C) community providers who are not eligible to
303	303	contract with a school district under this subchapter by providing
304	304	information regarding eligibility to contract with a school
305	305	district; and
306	306	(2) encourage regional education service centers and
307	307	school districts to use locally available child care resources and
308	308	referral services.
309	309	Sec. 29.175. STATE FUNDING; GRANT AMOUNT. (a) From funds
310	310	appropriated for the purposes of this subchapter the commissioner
311	311	shall award grants as provided by this subchapter.
312	312	(b) The commissioner, in accordance with this subsection,
313	313	shall determine the amount of each grant awarded under this
314	314	subchapter. A grant must provide an amount of funding for each
315	315	student in the program equal to the greater of:
316	316	(1) the amount to which the district would be entitled
317	317	under the foundation school program for an additional student in
318	318	average daily attendance on a half-day basis; or
319	319	(2) the amount of funding equal to the statewide
320	320	average amount to which a district would be entitled under the
321	321	foundation school program for an additional student in average
322	322	daily attendance on a half-day basis.
323	323	(c) Funding provided for each program student through a
324	324	grant under this subchapter is in addition to funding otherwise
325	325	provided for the student under Chapter 42.
326	326	(d) Funding provided for each school district or
327	327	open-enrollment charter school through a grant under this
328	328	subchapter may not exceed $4 million annually.
329	329	Sec. 29.176. RULES. The commissioner may adopt rules
330	330	necessary to implement this subchapter.
331	331	Sec. 29.177. STATE FUNDING; DIRECTIVE FOR GRANT PAYMENTS TO
332	332	SCHOOL DISTRICTS. Funds provided for the operation of the enhanced
333	333	program through a grant awarded under this subchapter must be paid
334	334	directly to a public school district or open-enrollment charter
335	335	school. Funds awarded under this subchapter may not be awarded
336	336	directly to a private or nonprofit child care provider or to a
337	337	private school.
338	338	SECTION 5. FUNDING FOR GRANTS UNDER SECTION 29.155. Funds
339	339	appropriated to fund eligible prekindergarten programs under
340	340	Section 29.155, Education Code, may be used in the 2009-2010 school
341	341	year, with prior written approval from the governor and the
342	342	Legislative Budget Board, to support at the same level of funding as
343	343	the 2008-2009 school year districts that received grant funds for
344	344	such programs under Section 29.155 in the 2008-2009 school year,
345	345	and to fund additional districts that have received notice of grant
346	346	awards for such programs for the 2009-2010 school year. If
347	347	additional state or federal funds become available to support such
348	348	programs for the 2010-2011 school year, the commissioner of
349	349	education shall have authority and flexibility to provide funds for
350	350	all such programs. If additional funds are not sufficient to fund
351	351	all such programs in the 2010-2011 school year at the amount per
352	352	student provided in the 2009-2010 school year, funding for all
353	353	participating districts shall be reduced proportionally. All funds
354	354	appropriated that are not expended in the 2009-2010 school year are
355	355	transferred to the 2010-2011 school year, and the commissioner may
356	356	use such funds to support additional programs and services for
357	357	eligible prekindergarten students.
358	358	SECTION 6. This Act does not make an appropriation. This
359	359	Act takes effect only if a specific appropriation for the
360	360	implementation of the Act is provided in a general appropriations
361	361	act of the 81st Legislature.
362	362	SECTION 7. This Act applies beginning with the 2009-2010
363	363	school year.
364	364	SECTION 8. This Act takes effect immediately if it receives
365	365	a vote of two-thirds of all the members elected to each house, as
366	366	provided by Section 39, Article III, Texas Constitution. If this
367	367	Act does not receive the vote necessary for immediate effect, this
368	368	Act takes effect September 1, 2009.
369	369	______________________________ ______________________________
370	370	President of the Senate Speaker of the House
371	371	I certify that H.B. No. 130 was passed by the House on May 8,
372	372	2009, by the following vote: Yeas 106, Nays 31, 1 present, not
373	373	voting; and that the House concurred in Senate amendments to H.B.
374	374	No. 130 on May 29, 2009, by the following vote: Yeas 116, Nays 27,
375	375	1 present, not voting.
376	376	______________________________
377	377	Chief Clerk of the House
378	378	I certify that H.B. No. 130 was passed by the Senate, with
379	379	amendments, on May 27, 2009, by the following vote: Yeas 26, Nays
380	380	5.
381	381	______________________________
382	382	Secretary of the Senate
383	383	APPROVED: __________________
384	384	Date
385	385	__________________
386	386	Governor