81R574 JRJ-D
By: Madden H.B. No. 1891
A BILL TO BE ENTITLED
AN ACT
relating to state funding for certain children to attend certain
private prekindergarten programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 29.1532(a) and (b), Education Code, are
amended to read as follows:
(a) A school district's prekindergarten program:
(1) shall be designed to develop skills necessary for
success in the regular public school curriculum, including
language, mathematics, and social skills; and
(2) must comply with the standards for certification
of effectiveness of the school readiness certification system
adopted under Section 29.161.
(b) If a school district contracts with a private entity for
the operation of the district's prekindergarten program, the
program must at a minimum comply with:
(1) the applicable child-care licensing standards
adopted by the Department of Protective and Regulatory Services
under Section 42.042, Human Resources Code; and
(2) the standards for certification of effectiveness
of the school readiness certification system adopted under Section
29.161.
SECTION 2. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1534 to read as follows:
Sec. 29.1534. STATE FUNDING FOR ELIGIBLE CHILDREN TO ATTEND
QUALIFIED PRIVATE PREKINDERGARTEN. (a) In accordance with this
section and rules adopted under this section, a school district
required or authorized under Section 29.153(a) to offer
prekindergarten classes shall pay the costs of a child eligible
under Section 29.153(b) for enrollment in a district
prekindergarten program to attend a prekindergarten program
provided by a private entity with which the district has not
contracted to operate the district's prekindergarten program.
(b) The amount of money for an eligible child that a school
district shall pay under this section is the lesser of:
(1) the standard amount of tuition and required fees
the private entity charges for the prekindergarten program; or
(2) an amount equal to the average total funding
amount for each prekindergarten student in the district during the
preceding school year for maintenance and operations, including
state and local funding, but excluding money from the available
school fund.
(c) An eligible child who attends a private prekindergarten
program under this section:
(1) is included in determining the average daily
attendance under Section 42.005 of the school district in which the
student would otherwise attend school; and
(2) is considered to be enrolled in a prekindergarten
class under Section 29.153 for purposes of Section 42.003(b).
(d) A private entity may not charge an eligible child
attending a prekindergarten program under this section tuition or
required fees in addition to the amount paid by a school district
under Subsection (b).
(e) The commissioner by rule shall establish:
(1) standards with which the prekindergarten program
of a private entity must comply for the entity to be eligible to
receive payment under this section;
(2) a method for the application for and the delivery
of that payment; and
(3) the manner in which the parent of an eligible child
must apply for funding to permit the child to attend the
prekindergarten program.
(f) The standards established under Subsection (e)(1) must:
(1) provide a fair process for admission to the
prekindergarten program provided by the private entity that:
(A) may give preference to siblings of an
enrolled student or children residing in the same household as an
enrolled student;
(B) requires that the program not refuse to
enroll a child on the basis of the child's race, national origin,
ethnic background, religion, or disability; and
(C) establishes a policy to fill positions in
case a program has more applicants under this section than
available positions; and
(2) require that the program comply with:
(A) the standards for certification of
effectiveness of the school readiness certification system adopted
under Section 29.161; and
(B) any additional standards the commissioner
determines appropriate.
(g) The agency shall contract with the State Center for
Early Childhood Development for the center to provide technical
assistance to a private entity to assist the entity as necessary in
meeting the standards required by Subsection (f)(2). The center
shall charge the private entity an amount equal to the actual costs
of delivering the technical assistance.
(h) The commissioner shall adopt rules as necessary to
administer this section.
SECTION 3. (a) The changes in law made by this Act to
Section 29.1532, Education Code, apply to prekindergarten programs
offered beginning with the 2010-2011 school year.
(b) The commissioner of education shall adopt rules to
implement the provision of prekindergarten programs by private
entities as provided by Section 29.1534, Education Code, as added
by this Act, beginning with the 2010-2011 school year.
SECTION 4. 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.