81R9932 KKA-D
By: Van de Putte S.B. No. 1499
A BILL TO BE ENTITLED
AN ACT
relating to eligibility of certain children for public school
prekindergarten classes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.153, Education Code, is amended by
amending Subsections (a), (b), and (f) and adding Subsection (a-1)
to read as follows:
(a) In this section:
(1) "Child" includes a stepchild.
(2) "Parent" includes a stepparent.
(a-1) A district shall offer prekindergarten classes if the
district identifies 15 or more children who are eligible under
Subsection (b) and are at least four years of age. A school
district may offer prekindergarten classes if the district
identifies 15 or more eligible children who are at least three years
of age. A district may not charge tuition for a prekindergarten
class offered under this section.
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is a homeless child, as defined by 42 U.S.C.
Section 11434a, regardless of the residence of the child, of either
parent of the child, or of the child's guardian or other person
having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty; [or]
(6) is or ever has been in the conservatorship of the
Department of Family and Protective Services following an adversary
hearing held as provided by Section 262.201, Family Code; or
(7) is the child of a classroom teacher who teaches at
a school in which at least 99 percent of the students are
educationally disadvantaged.
(f) A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(4) or (5) remains
eligible for enrollment if the child's parent leaves the armed
forces, or is no longer on active duty, after the child begins a
prekindergarten class. A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(7) remains eligible for
enrollment if the child's parent ceases teaching at a school
described by Subsection (b)(7) after the child begins a
prekindergarten class.
SECTION 2. This Act applies beginning with the 2009-2010
school year.
SECTION 3. 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.