Texas 2009 - 81st Regular

Texas House Bill HB1891 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R574 JRJ-D
2	2	By: Madden H.B. No. 1891
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state funding for certain children to attend certain
8	8	private prekindergarten programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 29.1532(a) and (b), Education Code, are
11	11	amended to read as follows:
12	12	(a) A school district's prekindergarten program:
13	13	(1) shall be designed to develop skills necessary for
14	14	success in the regular public school curriculum, including
15	15	language, mathematics, and social skills; and
16	16	(2) must comply with the standards for certification
17	17	of effectiveness of the school readiness certification system
18	18	adopted under Section 29.161.
19	19	(b) If a school district contracts with a private entity for
20	20	the operation of the district's prekindergarten program, the
21	21	program must at a minimum comply with:
22	22	(1) the applicable child-care licensing standards
23	23	adopted by the Department of Protective and Regulatory Services
24	24	under Section 42.042, Human Resources Code; and
25	25	(2) the standards for certification of effectiveness
26	26	of the school readiness certification system adopted under Section
27	27	29.161.
28	28	SECTION 2. Subchapter E, Chapter 29, Education Code, is
29	29	amended by adding Section 29.1534 to read as follows:
30	30	Sec. 29.1534. STATE FUNDING FOR ELIGIBLE CHILDREN TO ATTEND
31	31	QUALIFIED PRIVATE PREKINDERGARTEN. (a) In accordance with this
32	32	section and rules adopted under this section, a school district
33	33	required or authorized under Section 29.153(a) to offer
34	34	prekindergarten classes shall pay the costs of a child eligible
35	35	under Section 29.153(b) for enrollment in a district
36	36	prekindergarten program to attend a prekindergarten program
37	37	provided by a private entity with which the district has not
38	38	contracted to operate the district's prekindergarten program.
39	39	(b) The amount of money for an eligible child that a school
40	40	district shall pay under this section is the lesser of:
41	41	(1) the standard amount of tuition and required fees
42	42	the private entity charges for the prekindergarten program; or
43	43	(2) an amount equal to the average total funding
44	44	amount for each prekindergarten student in the district during the
45	45	preceding school year for maintenance and operations, including
46	46	state and local funding, but excluding money from the available
47	47	school fund.
48	48	(c) An eligible child who attends a private prekindergarten
49	49	program under this section:
50	50	(1) is included in determining the average daily
51	51	attendance under Section 42.005 of the school district in which the
52	52	student would otherwise attend school; and
53	53	(2) is considered to be enrolled in a prekindergarten
54	54	class under Section 29.153 for purposes of Section 42.003(b).
55	55	(d) A private entity may not charge an eligible child
56	56	attending a prekindergarten program under this section tuition or
57	57	required fees in addition to the amount paid by a school district
58	58	under Subsection (b).
59	59	(e) The commissioner by rule shall establish:
60	60	(1) standards with which the prekindergarten program
61	61	of a private entity must comply for the entity to be eligible to
62	62	receive payment under this section;
63	63	(2) a method for the application for and the delivery
64	64	of that payment; and
65	65	(3) the manner in which the parent of an eligible child
66	66	must apply for funding to permit the child to attend the
67	67	prekindergarten program.
68	68	(f) The standards established under Subsection (e)(1) must:
69	69	(1) provide a fair process for admission to the
70	70	prekindergarten program provided by the private entity that:
71	71	(A) may give preference to siblings of an
72	72	enrolled student or children residing in the same household as an
73	73	enrolled student;
74	74	(B) requires that the program not refuse to
75	75	enroll a child on the basis of the child's race, national origin,
76	76	ethnic background, religion, or disability; and
77	77	(C) establishes a policy to fill positions in
78	78	case a program has more applicants under this section than
79	79	available positions; and
80	80	(2) require that the program comply with:
81	81	(A) the standards for certification of
82	82	effectiveness of the school readiness certification system adopted
83	83	under Section 29.161; and
84	84	(B) any additional standards the commissioner
85	85	determines appropriate.
86	86	(g) The agency shall contract with the State Center for
87	87	Early Childhood Development for the center to provide technical
88	88	assistance to a private entity to assist the entity as necessary in
89	89	meeting the standards required by Subsection (f)(2). The center
90	90	shall charge the private entity an amount equal to the actual costs
91	91	of delivering the technical assistance.
92	92	(h) The commissioner shall adopt rules as necessary to
93	93	administer this section.
94	94	SECTION 3. (a) The changes in law made by this Act to
95	95	Section 29.1532, Education Code, apply to prekindergarten programs
96	96	offered beginning with the 2010-2011 school year.
97	97	(b) The commissioner of education shall adopt rules to
98	98	implement the provision of prekindergarten programs by private
99	99	entities as provided by Section 29.1534, Education Code, as added
100	100	by this Act, beginning with the 2010-2011 school year.
101	101	SECTION 4. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2009.