Texas 2009 - 81st Regular

Texas Senate Bill SB21 Compare Versions

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

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1	1	81R2369 CAE-F
2	2	By: Zaffirini, et al. S.B. No. 21
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an enhanced quality full-day prekindergarten program
8	8	provided by public school districts in conjunction with community
9	9	providers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 29.153, Education Code, is amended by
12	12	amending Subsection (c) and adding Subsection (c-1) to read as
13	13	follows:
14	14	(c) A prekindergarten class under this section shall be
15	15	operated on a half-day basis, unless the school district chooses to
16	16	operate:
17	17	(1) prekindergarten classes on a full-day basis, using
18	18	any combination of Foundation School Program funding, local funds,
19	19	tuition authorized under Section 29.1531, and grants received for
20	20	that purpose under Section 29.155; or
21	21	(2) enhanced prekindergarten classes on a full-day
22	22	basis in accordance with Subchapter E-1, using funding provided
23	23	under the Foundation School Program for that purpose.
24	24	(c-1) A district is not required to provide transportation
25	25	for a prekindergarten class, but transportation, if provided, is
26	26	included for funding purposes as part of the regular transportation
27	27	system.
28	28	SECTION 2. Chapter 29, Education Code, is amended by adding
29	29	Subchapter E-1 to read as follows:
30	30	SUBCHAPTER E-1. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM
31	31	Sec. 29.164. DEFINITION. In this subchapter, "enhanced
32	32	program" or "program" means an enhanced quality full-day
33	33	prekindergarten program provided in accordance with this
34	34	subchapter.
35	35	Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
36	36	PROGRAM AUTHORIZED. (a) As provided by this subchapter, a school
37	37	district may offer an enhanced quality full-day prekindergarten
38	38	program for children eligible for classes under Section 29.153.
39	39	(b) A school district may not enroll more than 22 students
40	40	in a program class and must maintain an average ratio in the program
41	41	of not less than one teacher or teacher's aide for each 11 students.
42	42	(c) A teacher in the program must have a minimum of nine
43	43	credit hours of college education courses emphasizing early
44	44	childhood education.
45	45	(d) A school district must select the curriculum for the
46	46	program from the list of curricula approved for that purpose by the
47	47	commissioner.
48	48	(e) A program is subject to any other requirements imposed
49	49	by law that apply to a prekindergarten program not provided in
50	50	accordance with this subchapter, except that to the extent a
51	51	conflict exists between this subchapter and any other provision of
52	52	law, this subchapter prevails.
53	53	Sec. 29.166. CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED.
54	54	(a) Beginning not later than the second school year that a school
55	55	district provides an enhanced program, the district shall use at
56	56	least 20 percent of the additional prekindergarten funding
57	57	available to the district each school year due to the change in law
58	58	made by __.B. ____, Acts of the 81st Legislature, Regular Session,
59	59	2009, to contract with one or more eligible community providers to
60	60	provide the program.
61	61	(b) The commissioner may waive the requirement under
62	62	Subsection (a) on an annual basis if a school district provides
63	63	documentation acceptable to the commissioner that:
64	64	(1) the area served by the district does not have a
65	65	sufficient number of eligible community providers;
66	66	(2) the school district did not receive any
67	67	applications or other indications of interest in contracting with
68	68	the district from eligible community providers; or
69	69	(3) after a good faith effort and for good cause, the
70	70	district and one or more eligible community providers interested in
71	71	contracting with the district were unable to reach an agreement.
72	72	(c) Not later than the 30th day after the date the
73	73	commissioner receives a request for a waiver under Subsection (b),
74	74	the commissioner shall send a written notice to the school district
75	75	granting or denying the request. A decision of the commissioner may
76	76	be appealed as provided by Section 7.057.
77	77	Sec. 29.167. ELIGIBLE COMMUNITY PROVIDERS. (a) To be
78	78	eligible to contract with a school district to provide an enhanced
79	79	program, a community provider must be center-based and licensed by
80	80	and in good standing with the Department of Family and Protective
81	81	Services. For purposes of this subsection, a community provider is
82	82	in good standing with the Department of Family and Protective
83	83	Services if the department has not taken an action against the
84	84	provider's license under Section 42.071, 42.072, or 42.078, Human
85	85	Resources Code, during the 12-month period preceding the date of a
86	86	contract with a school district.
87	87	(b) Except as provided by Subsection (c), an eligible
88	88	community provider must also:
89	89	(1) be certified through the school readiness
90	90	certification system established under Section 29.161;
91	91	(2) be a Texas Early Education Model participant;
92	92	(3) be a Texas Rising Star Provider with a three-star
93	93	certification or higher; or
94	94	(4) be accredited by a research-based, nationally
95	95	recognized, and universally accessible accreditation system
96	96	approved by the agency that requires a developmentally appropriate
97	97	curriculum that includes math, science, social studies, and
98	98	literacy components.
99	99	(c) Notwithstanding failure to satisfy the requirements of
100	100	Subsection (b) and subject to Subsection (d), a community provider
101	101	otherwise eligible to contract with a school district under
102	102	Subsection (a) may contract with a district if:
103	103	(1) the community provider meets quality criteria
104	104	adopted by the district that are:
105	105	(A) based on the best available peer-reviewed
106	106	research; and
107	107	(B) made available to the public in a timely
108	108	manner; and
109	109	(2) the commissioner approves the arrangement.
110	110	(d) A community provider contracting with a school district
111	111	as provided by Subsection (c) must meet the requirements for
112	112	eligibility provided by Subsection (b) not later than the second
113	113	anniversary of the date the contract was executed.
114	114	Sec. 29.168. WRITTEN CONTRACT REQUIRED. A school district
115	115	and a community provider contracting under this subchapter shall
116	116	enter a written contract governing the services to be provided by
117	117	the community provider. The contract may provide that:
118	118	(1) the school district leases school facilities from
119	119	the community provider;
120	120	(2) the school district employs a teacher for the
121	121	prekindergarten class and the community provider supplies the
122	122	school facilities and all other personnel and supplies; or
123	123	(3) the community provider supplies the school
124	124	facilities, teachers, personnel, and supplies.
125	125	Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) For each
126	126	school district prekindergarten student in average daily
127	127	attendance in an enhanced program class provided by a community
128	128	provider in which the community provider supplies the school
129	129	facilities, teachers, personnel, and supplies, a school district
130	130	shall reimburse the community provider in an amount not less than
131	131	the amount of the district's adjusted basic allotment, as
132	132	determined under Section 42.102 or 42.103, as applicable,
133	133	multiplied by 1.0.
134	134	(b) Funding provided under this section does not affect a
135	135	community provider's eligibility to receive any other local, state,
136	136	or federal funds to provide before-school, after-school, and summer
137	137	child care.
138	138	Sec. 29.170. ANNUAL ENHANCED PROGRAM REPORT. A school
139	139	district operating an enhanced program shall provide an annual
140	140	report to the agency not later than August 1 of each year. The
141	141	report must include:
142	142	(1) the percentage of the total increase in
143	143	prekindergarten funding, as described by Section 29.166, used by
144	144	the district to contract with community providers; and
145	145	(2) any other information required by commissioner
146	146	rule.
147	147	Sec. 29.171. DUTIES OF COMMISSIONER. The commissioner
148	148	shall:
149	149	(1) prepare and deliver to each member of the
150	150	legislature a biennial report describing:
151	151	(A) efforts to:
152	152	(i) encourage community providers to
153	153	participate in the enhanced program; and
154	154	(ii) improve the quality of parental
155	155	involvement in prekindergarten programs; and
156	156	(B) class sizes of prekindergarten classes
157	157	provided through the program;
158	158	(2) provide technical assistance through regional
159	159	education service centers:
160	160	(A) to school districts to:
161	161	(i) inform parents of prekindergarten
162	162	options;
163	163	(ii) identify eligible community
164	164	providers; and
165	165	(iii) create standardized forms and
166	166	processes for outreach to and contracts with community providers;
167	167	(B) to community providers to establish
168	168	contracts with school districts under this subchapter; and
169	169	(C) to community providers who are not eligible
170	170	to contract with a school district under this subchapter to assist
171	171	the providers in improving quality so that the providers will
172	172	become eligible to contract with a school district; and
173	173	(3) encourage regional education service centers and
174	174	school districts to use locally available child care resources and
175	175	referral services.
176	176	Sec. 29.172. RULES. The commissioner may adopt rules
177	177	necessary to implement this subchapter.
178	178	Sec. 29.173. LEGISLATIVE INTENT. It is the intent of the
179	179	legislature that the funds provided for the operation of the
180	180	enhanced program through the allotment under Section 42.1511 may
181	181	not be used to pay for a public education voucher program or a
182	182	public education voucher pilot program in which the program uses
183	183	state funds to pay tuition vouchers for children to attend a private
184	184	school. This section does not prohibit the use of state funding by
185	185	a school district or open-enrollment charter school under a
186	186	contract entered into by the district or school under a law in
187	187	effect on January 1, 2009, if state funds are paid directly to the
188	188	district or school.
189	189	Sec. 29.174. ENHANCED PROGRAM EVALUATION. (a) Using funds
190	190	available for that purpose, in an amount not to exceed $150,000 each
191	191	fiscal year, the commissioner shall contract for an evaluation of
192	192	the effectiveness of the enhanced program in promoting student
193	193	achievement and school readiness.
194	194	(b) Not later than December 1, 2010, the commissioner shall
195	195	deliver an interim report to the legislature containing the
196	196	preliminary results of the evaluation.
197	197	(c) Not later than December 1, 2012, the commissioner shall
198	198	deliver to the legislature a final report regarding the program.
199	199	(d) This section expires December 1, 2012.
200	200	SECTION 3. Section 25.001(a), Education Code, is amended to
201	201	read as follows:
202	202	(a) A person who, on the first day of September of any school
203	203	year, is at least five years of age and under 21 years of age, or is
204	204	at least 21 years of age and under 26 years of age and is admitted by
205	205	a school district to complete the requirements for a high school
206	206	diploma is entitled to the benefits of the available school fund for
207	207	that year. Any other person enrolled in a prekindergarten class
208	208	under Section 29.153 or Subchapter E-1, Chapter 29, is entitled to
209	209	the benefits of the available school fund.
210	210	SECTION 4. Section 42.003(b), Education Code, is amended to
211	211	read as follows:
212	212	(b) A student to whom Subsection (a) does not apply is
213	213	entitled to the benefits of the Foundation School Program if the
214	214	student is enrolled in a prekindergarten class under Section 29.153
215	215	or Subchapter E-1, Chapter 29.
216	216	SECTION 5. Subchapter C, Chapter 42, Education Code, is
217	217	amended by adding Section 42.1511 to read as follows:
218	218	Sec. 42.1511. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
219	219	ALLOTMENT. For each student in average daily attendance in an
220	220	enhanced quality full-day prekindergarten program under Subchapter
221	221	E-1, Chapter 29, a district is entitled to an annual allotment equal
222	222	to the adjusted basic allotment multiplied by 0.2.
223	223	SECTION 6. This Act applies beginning with the 2009-2010
224	224	school year.
225	225	SECTION 7. This Act takes effect immediately if it receives
226	226	a vote of two-thirds of all the members elected to each house, as
227	227	provided by Section 39, Article III, Texas Constitution. If this
228	228	Act does not receive the vote necessary for immediate effect, this
229	229	Act takes effect September 1, 2009.