81R2369 CAE-F
By: Zaffirini, et al. S.B. No. 21
A BILL TO BE ENTITLED
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 29.153, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) A prekindergarten class under this section shall be
operated on a half-day basis, unless the school district chooses to
operate:
(1) prekindergarten classes on a full-day basis, using
any combination of Foundation School Program funding, local funds,
tuition authorized under Section 29.1531, and grants received for
that purpose under Section 29.155; or
(2) enhanced prekindergarten classes on a full-day
basis in accordance with Subchapter E-1, using funding provided
under the Foundation School Program for that purpose.
(c-1) A district is not required to provide transportation
for a prekindergarten class, but transportation, if provided, is
included for funding purposes as part of the regular transportation
system.
SECTION 2. 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 in accordance with this
subchapter.
Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
PROGRAM AUTHORIZED. (a) As provided by this subchapter, a school
district may offer an enhanced quality full-day prekindergarten
program for children eligible for classes under Section 29.153.
(b) 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 teacher or teacher's aide for each 11 students.
(c) A teacher in the program must have a minimum of nine
credit hours of college education courses emphasizing early
childhood education.
(d) A school district must select the curriculum for the
program from the list of curricula approved for that purpose by the
commissioner.
(e) 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.
Sec. 29.166. CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED.
(a) Beginning not later than the second school year that a school
district provides an enhanced program, the district shall use at
least 20 percent of the additional prekindergarten funding
available to the district each school year due to the change in law
made by __.B. ____, Acts of the 81st Legislature, Regular Session,
2009, 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) 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 one or more 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
granting or denying the request. A decision of the commissioner may
be appealed 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:
(1) be certified through the school readiness
certification system established under Section 29.161;
(2) be a Texas Early Education Model participant;
(3) be a Texas Rising Star Provider with a three-star
certification or higher; or
(4) 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, and
literacy 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 second
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 that:
(1) the school district leases school facilities from
the community provider;
(2) the school district employs a 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, teachers, personnel, and supplies.
Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) For each
school district prekindergarten student in average daily
attendance in an enhanced program class provided by a community
provider in which the community provider supplies the school
facilities, teachers, personnel, and supplies, a school district
shall reimburse the community provider in an amount not less than
the amount of the district's adjusted basic allotment, as
determined under Section 42.102 or 42.103, as applicable,
multiplied by 1.0.
(b) 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. ANNUAL ENHANCED PROGRAM REPORT. 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 total increase in
prekindergarten funding, as described by Section 29.166, used by
the district to contract with community providers; and
(2) any other information required by commissioner
rule.
Sec. 29.171. DUTIES OF COMMISSIONER. The commissioner
shall:
(1) prepare and deliver to each member of the
legislature a biennial report describing:
(A) efforts to:
(i) encourage community providers to
participate in the enhanced program; and
(ii) improve the quality of parental
involvement in prekindergarten programs; and
(B) class sizes of prekindergarten classes
provided through the program;
(2) provide technical assistance through regional
education service centers:
(A) to school districts to:
(i) inform parents of prekindergarten
options;
(ii) identify eligible community
providers; and
(iii) create standardized forms and
processes for outreach to and contracts with community providers;
(B) to community providers to establish
contracts with school districts under this subchapter; and
(C) to community providers who are not eligible
to contract with a school district under this subchapter to assist
the providers in improving quality so that the providers will
become eligible to contract with a school district; and
(3) encourage regional education service centers and
school districts to use locally available child care resources and
referral services.
Sec. 29.172. RULES. The commissioner may adopt rules
necessary to implement this subchapter.
Sec. 29.173. LEGISLATIVE INTENT. It is the intent of the
legislature that the funds provided for the operation of the
enhanced program through the allotment under Section 42.1511 may
not be used to pay for a public education voucher program or a
public education voucher pilot program in which the program uses
state funds to pay tuition vouchers for children to attend a private
school. This section does not prohibit the use of state funding by
a school district or open-enrollment charter school under a
contract entered into by the district or school under a law in
effect on January 1, 2009, if state funds are paid directly to the
district or school.
Sec. 29.174. ENHANCED PROGRAM EVALUATION. (a) Using funds
available for that purpose, in an amount not to exceed $150,000 each
fiscal year, the commissioner shall contract for an evaluation of
the effectiveness of the enhanced program in promoting student
achievement and school readiness.
(b) Not later than December 1, 2010, the commissioner shall
deliver an interim report to the legislature containing the
preliminary results of the evaluation.
(c) Not later than December 1, 2012, the commissioner shall
deliver to the legislature a final report regarding the program.
(d) This section expires December 1, 2012.
SECTION 3. Section 25.001(a), Education Code, is amended to
read as follows:
(a) A person who, on the first day of September of any school
year, is at least five years of age and under 21 years of age, or is
at least 21 years of age and under 26 years of age and is admitted by
a school district to complete the requirements for a high school
diploma is entitled to the benefits of the available school fund for
that year. Any other person enrolled in a prekindergarten class
under Section 29.153 or Subchapter E-1, Chapter 29, is entitled to
the benefits of the available school fund.
SECTION 4. Section 42.003(b), Education Code, is amended to
read as follows:
(b) A student to whom Subsection (a) does not apply is
entitled to the benefits of the Foundation School Program if the
student is enrolled in a prekindergarten class under Section 29.153
or Subchapter E-1, Chapter 29.
SECTION 5. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.1511 to read as follows:
Sec. 42.1511. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
ALLOTMENT. For each student in average daily attendance in an
enhanced quality full-day prekindergarten program under Subchapter
E-1, Chapter 29, a district is entitled to an annual allotment equal
to the adjusted basic allotment multiplied by 0.2.
SECTION 6. This Act applies beginning with the 2009-2010
school year.
SECTION 7. 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.