H.B. No. 130
AN ACT
relating to an enhanced quality full-day prekindergarten program
provided by public school districts in conjunction with community
providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) satisfactory performance on assessment
instruments and to accelerated instruction under Section 28.0211;
(E) high school graduation under Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, and G, Chapter 39;
(M) the requirement under Section 21.006 to
report an educator's misconduct; and
(N) intensive programs of instruction under
Section 28.0213.
SECTION 2. Section 28.002(l), Education Code, is amended to
read as follows:
(l) A school district shall require a student enrolled in
full-day prekindergarten, in kindergarten, or in a grade level
below grade six to participate in moderate or vigorous daily
physical activity for at least 30 minutes throughout the school
year as part of the district's physical education curriculum or
through structured activity during a school campus's daily recess.
To the extent practicable, a school district shall require a
student enrolled in prekindergarten on less than a full-day basis
to participate in the same type and amount of physical activity as a
student enrolled in full-day prekindergarten. A school district
shall require students enrolled in grade levels six, seven, and
eight to participate in moderate or vigorous daily physical
activity for at least 30 minutes for at least four semesters during
those grade levels as part of the district's physical education
curriculum. If a school district determines, for any particular
grade level below grade six, that requiring moderate or vigorous
daily physical activity is impractical due to scheduling concerns
or other factors, the district may as an alternative require a
student in that grade level to participate in moderate or vigorous
physical activity for at least 135 minutes during each school week.
Additionally, a school district may as an alternative require a
student enrolled in a grade level for which the district uses block
scheduling to participate in moderate or vigorous physical activity
for at least 225 minutes during each period of two school weeks. A
school district must provide for an exemption for:
(1) any student who is unable to participate in the
required physical activity because of illness or disability; and
(2) a middle school or junior high school student who
participates in an extracurricular activity with a moderate or
vigorous physical activity component that is considered a
structured activity under rules adopted by the commissioner.
SECTION 3. Section 28.006, Education Code, is amended by
adding Subsections (d-2) and (d-3) to read as follows:
(d-2) A school district that participates in the grant
program under Subchapter E-1, Chapter 29, shall include
student-level results of reading instruments administered at the
kindergarten and first and second grade levels in the district's
Public Education Information Management System (PEIMS) report.
(d-3) If a school district that participates in the grant
program under Subchapter E-1, Chapter 29, administers a reading
instrument that does not provide information in a form that can be
reported to the agency on the Public Education Information
Management System (PEIMS) report, the commissioner shall adopt an
alternative reporting method that allows the district to submit
student-level results of reading instruments administered by the
district at the kindergarten and first and second grade levels.
SECTION 4. Chapter 29, Education Code, is amended by adding
Subchapter E-1 to read as follows:
SUBCHAPTER E-1. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM
Sec. 29.164. DEFINITION. In this subchapter, "enhanced
program" or "program" means an enhanced quality full-day
prekindergarten program provided free of tuition or fees in
accordance with this subchapter.
Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
PROGRAM GRANTS. (a) From funds appropriated for that purpose, the
commissioner by rule shall establish a grant program under which
grants are awarded to school districts to implement an enhanced
quality full-day prekindergarten program for children eligible for
classes under Section 29.153.
(b) A school district may apply to the commissioner to
participate in the grant program. In awarding grants under this
subchapter for each school year, the commissioner shall give
priority in the order listed to the following school districts:
(1) school districts that receive grant funding from
the commissioner for early childhood education in a lesser amount
than the amount provided for that purpose during the 2008-2009
school year and demonstrate above-average student performance for
the preceding three school years on the assessment instruments
administered under Section 39.023 to students in the third grade;
and
(2) school districts that provide services to eligible
prekindergarten students and demonstrate above-average student
performance for the preceding three school years on the assessment
instruments administered under Section 39.023 to students in the
third grade.
(c) A school district may not enroll more than 22 students
in a program class and must maintain an average ratio in the program
of not less than one certified teacher or teacher's aide for each 11
students. Each program class must have at least one certified
teacher.
(d) A certified teacher in the program must have a minimum
of nine semester credit hours of college education courses
emphasizing early childhood education.
(d-1) If a certified teacher who meets the requirements of
Subsection (d) is unavailable, a community provider contracting
with a school district under this subchapter may employ a teacher
for the program who has a minimum of three years experience in early
childhood education, who is certified as a Child Development
Associate by the Council for Professional Recognition, and who is
taking one or more college education courses that emphasize early
childhood education. Not later than the third anniversary of the
date the community provider contracts with the district, the
community provider must employ a teacher who meets the requirements
of Subsection (d).
(e) A school district must select and implement a curriculum
for the program that includes the prekindergarten guidelines
established by the agency.
(f) A program is subject to any other requirements imposed
by law that apply to a prekindergarten program not provided in
accordance with this subchapter, except that to the extent a
conflict exists between this subchapter and any other provision of
law, this subchapter prevails.
(g) The commissioner may accept, solicit, and use federal or
private grant funds and gifts available for that purpose to fund
additional or increased grants under this section and Section
29.155.
Sec. 29.166. CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED.
(a) A school district that provides an enhanced program shall use
at least 20 percent of grant funds provided under this subchapter to
contract with one or more eligible community providers to provide
the program.
(b) The commissioner may waive the requirement under
Subsection (a) on an annual basis if a school district provides
documentation acceptable to the commissioner that:
(1) the area served by the district does not have a
sufficient number of eligible community providers;
(2) after a good faith effort, the school district did
not receive any applications or other indications of interest in
contracting with the district from eligible community providers; or
(3) after a good faith effort and for good cause, the
district and eligible community providers interested in
contracting with the district were unable to reach an agreement.
(c) Not later than the 30th day after the date the
commissioner receives a request for a waiver under Subsection (b),
the commissioner shall send a written notice to the school district
and the affected community provider, if applicable, granting or
denying the request. A school district or community provider
affected by a decision of the commissioner under this subsection
may appeal the decision as provided by Section 7.057.
Sec. 29.167. ELIGIBLE COMMUNITY PROVIDERS. (a) To be
eligible to contract with a school district to provide an enhanced
program, a community provider must be center-based and licensed by
and in good standing with the Department of Family and Protective
Services. For purposes of this subsection, a community provider is
in good standing with the Department of Family and Protective
Services if the department has not taken an action against the
provider's license under Section 42.071, 42.072, or 42.078, Human
Resources Code, during the 12-month period preceding the date of a
contract with a school district.
(b) Except as provided by Subsection (c), an eligible
community provider must also meet one of the following criteria:
(1) the community provider must be certified through
the school readiness certification system established under
Section 29.161;
(2) the community provider must be a Texas Early
Education Model participant;
(3) the community provider must be a Texas Rising Star
Provider with a three-star certification or higher; or
(4) the community provider must be accredited by a
research-based, nationally recognized, and universally accessible
accreditation system approved by the agency that requires a
developmentally appropriate curriculum that includes math,
science, social studies, literacy, physical development, and
social and emotional components.
(c) Notwithstanding failure to satisfy the requirements of
Subsection (b) and subject to Subsection (d), a community provider
otherwise eligible to contract with a school district under
Subsection (a) may contract with a district if:
(1) the community provider meets quality criteria
adopted by the district that are:
(A) based on the best available peer-reviewed
research; and
(B) made available to the public in a timely
manner; and
(2) the commissioner approves the arrangement.
(d) A community provider contracting with a school district
as provided by Subsection (c) must meet the requirements for
eligibility provided by Subsection (b) not later than the first
anniversary of the date the contract was executed.
Sec. 29.168. WRITTEN CONTRACT REQUIRED. A school district
and a community provider contracting under this subchapter shall
enter a written contract governing the services to be provided by
the community provider. The contract may provide for, but is not
limited to, the following types of partnerships:
(1) the school district leases school facilities to or
from the community provider;
(2) the school district employs a certified teacher
for the prekindergarten class and the community provider supplies
the school facilities and all other personnel and supplies; or
(3) the community provider supplies the school
facilities, certified teachers, personnel, and supplies.
Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) Except as
provided by Subsection (b), the amount of reimbursement provided by
a school district to a community provider is negotiable between the
district and the community provider based on the services provided.
(b) For each school district prekindergarten student in
attendance in an enhanced program class provided by a community
provider in which the community provider supplies the school
facilities, certified teachers, personnel, and supplies, a school
district shall reimburse the community provider in an amount not
less than the sum of:
(1) the amount of the district's adjusted basic
allotment, as determined under Section 42.102 or 42.103, as
applicable, multiplied by 1.0; and
(2) the amount of any additional funding received by
the district for the student under Subchapter C, Chapter 42.
(c) Funding provided under this section does not affect a
community provider's eligibility to receive any other local, state,
or federal funds to provide before-school, after-school, and summer
child care.
Sec. 29.170. DISCRIMINATION BY COMMUNITY PROVIDER
PROHIBITED. A community provider may not deny enhanced program
services to a student on the basis of the student's race, religion,
sex, ethnicity, national origin, or disability.
Sec. 29.171. ANNUAL ENHANCED PROGRAM REPORT. (a) A school
district operating an enhanced program shall provide an annual
report to the agency not later than August 1 of each year. The
report must include:
(1) the percentage of the grant funds provided under
this subchapter used by the district to contract with community
providers; and
(2) data components, approved by the commissioner,
that illustrate acquisition of knowledge and skills consistent with
the prekindergarten guidelines established by the agency and
student-level progress towards school readiness.
(b) The commissioner may not require a district or recipient
of grant funds to participate in the school readiness certification
system established under Section 29.161.
Sec. 29.172. COLLECTION AND REPORTING OF INFORMATION. The
agency shall:
(1) collect and maintain information that is reported
by a school district to the agency under Section 28.006 and
information from the assessment instruments administered under
Section 39.023 to students in the third grade;
(2) produce longitudinal student performance reports
using student-level information collected for consecutive grade
levels; and
(3) make the reports available and accessible to
parents and the general public.
Sec. 29.173. ENHANCED PROGRAM EVALUATION. (a) Using
information provided to the agency under Sections 29.171 and 29.172
and using funds available for that purpose, the Legislative Budget
Board shall conduct or contract for an evaluation of the
effectiveness of the enhanced program regarding student
performance outcomes.
(b) Not later than December 1, 2012, the board shall deliver
an interim report to the legislature containing the preliminary
results of the evaluation.
(c) Not later than December 1, 2016, the board shall deliver
to the legislature a final report regarding the program.
(d) This section expires December 1, 2016.
Sec. 29.174. DUTIES OF COMMISSIONER. The commissioner
shall:
(1) require regional education service centers to
assist:
(A) school districts in:
(i) informing parents of prekindergarten
options;
(ii) identifying eligible community
providers and maintaining an updated list of eligible community
providers; and
(iii) creating standardized forms and
processes for outreach to and contracts with community providers
for use when considering community partnerships;
(B) community providers in establishing
contracts with school districts under this subchapter; and
(C) community providers who are not eligible to
contract with a school district under this subchapter by providing
information regarding eligibility to contract with a school
district; and
(2) encourage regional education service centers and
school districts to use locally available child care resources and
referral services.
Sec. 29.175. STATE FUNDING; GRANT AMOUNT. (a) From funds
appropriated for the purposes of this subchapter the commissioner
shall award grants as provided by this subchapter.
(b) The commissioner, in accordance with this subsection,
shall determine the amount of each grant awarded under this
subchapter. A grant must provide an amount of funding for each
student in the program equal to the greater of:
(1) the amount to which the district would be entitled
under the foundation school program for an additional student in
average daily attendance on a half-day basis; or
(2) the amount of funding equal to the statewide
average amount to which a district would be entitled under the
foundation school program for an additional student in average
daily attendance on a half-day basis.
(c) Funding provided for each program student through a
grant under this subchapter is in addition to funding otherwise
provided for the student under Chapter 42.
(d) Funding provided for each school district or
open-enrollment charter school through a grant under this
subchapter may not exceed $4 million annually.
Sec. 29.176. RULES. The commissioner may adopt rules
necessary to implement this subchapter.
Sec. 29.177. STATE FUNDING; DIRECTIVE FOR GRANT PAYMENTS TO
SCHOOL DISTRICTS. Funds provided for the operation of the enhanced
program through a grant awarded under this subchapter must be paid
directly to a public school district or open-enrollment charter
school. Funds awarded under this subchapter may not be awarded
directly to a private or nonprofit child care provider or to a
private school.
SECTION 5. FUNDING FOR GRANTS UNDER SECTION 29.155. Funds
appropriated to fund eligible prekindergarten programs under
Section 29.155, Education Code, may be used in the 2009-2010 school
year, with prior written approval from the governor and the
Legislative Budget Board, to support at the same level of funding as
the 2008-2009 school year districts that received grant funds for
such programs under Section 29.155 in the 2008-2009 school year,
and to fund additional districts that have received notice of grant
awards for such programs for the 2009-2010 school year. If
additional state or federal funds become available to support such
programs for the 2010-2011 school year, the commissioner of
education shall have authority and flexibility to provide funds for
all such programs. If additional funds are not sufficient to fund
all such programs in the 2010-2011 school year at the amount per
student provided in the 2009-2010 school year, funding for all
participating districts shall be reduced proportionally. All funds
appropriated that are not expended in the 2009-2010 school year are
transferred to the 2010-2011 school year, and the commissioner may
use such funds to support additional programs and services for
eligible prekindergarten students.
SECTION 6. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 7. This Act applies beginning with the 2009-2010
school year.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 130 was passed by the House on May 8,
2009, by the following vote: Yeas 106, Nays 31, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 130 on May 29, 2009, by the following vote: Yeas 116, Nays 27,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 130 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor