82R8865 TJB-F
By: Strama H.B. No. 2269
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care facilities by the Texas
Workforce Commission and the Department of Family and Protective
Services, including the Texas Rising Star Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.202, Government Code, is amended to
read as follows:
Sec. 2155.202. MENTAL HEALTH AND MENTAL RETARDATION
COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD CARE PROVIDERS.
The following entities may purchase goods and services through the
comptroller:
(1) a [A] community center for mental health and
mental retardation services that receives state grants-in-aid
under Subchapter B, Chapter 534, Health and Safety Code;
(2) [, and] an assistance organization as defined by
Section 2175.001 that receives state funds; and
(3) a child care provider that meets the Texas Rising
Star Program provider criteria described by Texas Workforce
Commission rules [may purchase goods and services through the
commission].
SECTION 2. Section 2308.315, Government Code, is amended to
read as follows:
Sec. 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. (a)
Each board shall establish graduated reimbursement rates for child
care based on the commission's Texas Rising Star Program [Texas
Workforce Commission's designated vendor program].
(b) The minimum reimbursement rate for a Texas Rising Star
Program provider [designated vendors] must be [at least five
percent] greater than the maximum rate established for a provider
who is not a Texas Rising Star Program provider [nondesignated
vendors] for the same category of care. The reimbursement rate must
be:
(1) at least five percent higher for a provider with a
two-star rating;
(2) at least seven percent higher for a provider with a
three-star rating; and
(3) at least nine percent higher for a provider with a
four-star rating.
(c) The Texas Rising Star Program [designated vendor] rate
differential established in this section shall be funded with
federal child care development funds [dedicated to quality
improvement activities].
SECTION 3. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.3155 to read as follows:
Sec. 2308.3155. TEXAS RISING STAR PROGRAM. (a) The Texas
Rising Star Program is a voluntary, quality-based child care rating
system of child care providers participating in the commission's
subsidized child care program.
(b) The commission shall adopt rules to administer the Texas
Rising Star Program, including guidelines for certifying a child
care provider who provides child care to a child younger than 13
years of age enrolled in the subsidized program.
(c) The commission shall make money available to each board
to hire necessary employees for the Texas Rising Star Program from
the child care and development block grant. In addition, a board
may use money available from other public or private sources to hire
necessary employees for the program.
SECTION 4. Section 2308.316, Government Code, is amended to
read as follows:
Sec. 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS
FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall
allocate a portion of the board's federal child care development
funds dedicated to quality improvement activities to a competitive
procurement process for a system for quality child care for
children under 13 [four] years of age that encourages child care
providers to voluntarily meet the criteria of the commission's
Texas Rising Star Program [Texas Workforce Commission's designated
vendor program or national accreditation]. In allocating funds
under this section, special consideration shall be given to funding
child care for children under 13 [four] years of age in low-income
communities. This section may not be interpreted to limit parental
choice.
SECTION 5. Section 2308.317, Government Code, is amended to
read as follows:
Sec. 2308.317. EXPENDITURES FOR CERTAIN CHILD CARE QUALITY
IMPROVEMENT ACTIVITIES. (a) Notwithstanding any other law, the
commission [Texas Workforce Commission] shall ensure that, to the
extent federal child care development funds dedicated to quality
improvement activities are used to improve quality and availability
of child care, those funds are used only for quality child care
programs, including programs:
(1) whose director receives mentoring; or
(2) that are in the process of obtaining a
certification or accreditation.
(b) For purposes of this section, a quality child care
program is a program that:
(1) promotes:
(A) the physical, social, emotional, and
intellectual development of young children;
(B) frequent, positive, warm interactions
appropriate to a child's age and development; [and]
(C) regular communication with parents who are
welcomed by the program at all times to participate in activities
and to observe, discuss, and recommend policies;
(D) regular educational opportunities for
parents by providing parenting classes and other educational
information important for the development of a child under five
years of age; and
(E) professional development for child care
providers, directors, and employees; and
(2) provides:
(A) a healthy, safe, and nurturing environment
for young children;
(B) planned learning activities appropriate to a
child's age and development;
(C) specially trained child care providers;
(D) a sufficient number of adults to respond to
the needs of each child;
(E) a variety of age-appropriate materials;
(F) nutritious meals and snacks;
(G) an effective program administration; and
(H) an ongoing, systematic evaluation process
for the program.
(c) Each board shall use at least two percent of the board's
yearly allocation from the commission for quality child care
initiatives. In addition, a board may use money available from
other public or private sources for quality child care initiatives.
SECTION 6. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.3175 to read as follows:
Sec. 2308.3175. QUALITY CHILD CARE INFORMATION. (a) In
this section, "quality child care indicator" means an appropriate
certification, license, accreditation, or other indicator that a
provider is a quality child care provider, including that the
provider:
(1) meets the Texas Rising Star Program provider
certification criteria;
(2) is accredited as a child care provider by a
nationally recognized organization approved by the commission and
the Department of Family and Protective Services;
(3) is certified under the school readiness
certification system under Section 29.161, Education Code; or
(4) meets standards for model early childhood care and
education coordination developed under Section 29.155(g),
Education Code.
(b) Each board shall provide information on quality child
care indicators to each child care provider in the area served by
the board that:
(1) provides child care services funded by the board;
or
(2) receives reimbursement for child care services
from the board.
(c) Each board shall post on the board's Internet website
and at any physical location where the board provides services a
list of child care providers with a quality child care indicator.
(d) A child care provider who receives funding or
reimbursement for child care services from a board shall post a
license, certification, or assessment described by Subsection (a)
at the entrance of the provider's facility and on the provider's
Internet website.
(e) Each board shall post on the board's Internet website
quality child care training opportunities for providers, including
online training.
SECTION 7. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.320 to read as follows:
Sec. 2308.320. TECHNICAL ASSISTANCE FOR PROVIDERS. Each
board shall provide technical assistance to Texas Rising Star
Program providers and to providers seeking certification under the
Texas Rising Star Program, including providing:
(1) a child development specialist to serve as an
evaluator of the provider during the certification process;
(2) a mentor or coach to a Texas Rising Star Program
provider to meet regularly with the provider and provide child care
resources to the provider, including developmentally appropriate
books, materials, and equipment;
(3) consumer information regarding the selection of
quality child care for parents of children enrolled in the program;
and
(4) parenting education information for parents of
children enrolled in the program, including information about
parenting classes that are available in the area or on the Internet.
SECTION 8. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.321 to read as follows:
Sec. 2308.321. TEXAS RISING STAR PROGRAM REVIEW WORK GROUP.
(a) The Texas Rising Star Program review work group is established
to propose revisions to the commission's rules on the Texas Rising
Star Program.
(b) The work group consists of the following members
appointed by the executive director of the commission:
(1) at least one member from a board;
(2) at least one member from the Department of Family
and Protective Services;
(3) at least one member from the Texas Education
Agency;
(4) at least one member from the governor's Texas Early
Learning Council;
(5) at least one member that is a Texas Rising Star
Program provider; and
(6) at least one member with experience in the field of
subsidized child care systems and programs.
(c) The work group shall hold the group's initial meeting
not later than October 1, 2011, and shall meet at other times as
determined by the presiding officer.
(d) The work group shall elect a presiding officer by a vote
of the membership of the work group.
(e) Not later than January 1, 2012, the work group shall
submit to the executive director of the commission proposed
revisions to the commission's rules relating to the Texas Rising
Star Program. In making its recommendations, the work group shall
consider:
(1) professional development standards for child care
directors and employees, including training and annual
professional development requirements;
(2) education and experience requirements for mentors
and evaluators;
(3) early learning and school readiness standards;
(4) requirements regarding staff-to-child ratios and
group sizes;
(5) playground standards; and
(6) best practices guidelines based on standards
adopted by nationally recognized organizations, including Head
Start Program Performance Standards, National Health and Safety
Performance Standards, National Association of the Education of
Young Children program standards and accreditation criteria,
National Association of Family Child Care standards, United States
Department of Defense standards, national accreditation standards,
and School Ready certification standards.
(f) Not later than July 1, 2012, the commission shall
propose rules that incorporate the proposed revisions submitted by
the work group under Subsection (e).
(g) The executive director of the commission shall make the
appointments under this section on September 1, 2011.
(h) This section expires July 1, 2013.
SECTION 9. Section 42.0421, Human Resources Code, is
amended by amending Subsection (a) and adding Subsections (f) and
(g) to read as follows:
(a) The minimum training standards prescribed by the
department under Section 42.042(p) for an employee of a day-care
center or group day-care home must include:
(1) 16 [eight] hours of initial training for an
employee of a day-care center who has no previous training or less
than two years employment experience in a regulated child-care
facility, to be completed before the employee is given
responsibility for a group of children;
(2) 24 [15] hours of annual training for each employee
of a day-care center or group day-care home, excluding the
director, which must include at least six hours of training in one
or more of the following areas:
(A) child growth and development;
(B) guidance and discipline;
(C) age-appropriate curriculum; and
(D) teacher-child interaction; and
(3) 30 [20] hours of annual training for each director
of a day-care center or group day-care home, which must include at
least six hours of training in one or more of the following areas:
(A) child growth and development;
(B) guidance and discipline;
(C) age-appropriate curriculum; and
(D) teacher-child interaction.
(f) The training required by this section must be
appropriately targeted and relevant to the age of the children who
will receive care from the individual receiving training and must
be provided by a person who:
(1) is a training provider registered with the Texas
Early Care and Education Career Development System's Texas Trainer
Registry that is maintained by the Texas Head Start State
Collaboration Office;
(2) is an instructor at a public or private secondary
school or at a public or private institution of higher education, as
defined by Section 61.801, Education Code, who teaches early
childhood development or another relevant course, as determined by
rules adopted by the commissioner of education and the commissioner
of higher education;
(3) is an employee of a state agency with relevant
expertise;
(4) is a physician, psychologist, licensed
professional counselor, social worker, or registered nurse; or
(5) holds a generally recognized credential or
possesses documented knowledge relevant to the training the person
will provide.
(g) The director, owner, or operator of a day-care center or
group day-care home shall provide to a new employee an orientation
to the facility not later than the seventh day after the date the
employee begins employment.
SECTION 10. (a) Section 42.0421(a)(1), Human Resources
Code, as amended by this Act, and Section 42.0421(g), Human
Resources Code, as added by this Act, apply only to an employee who
is initially employed by a day-care center or group day-care home on
or after the effective date of this Act. An employee who is
initially employed by a facility before that date is subject to the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
(b) Sections 42.0421(a)(2) and (3), Human Resources Code,
as amended by this Act, apply to an employee or director of a
day-care center or group day-care home regardless of the date the
person began employment with or service as director of the
facility.
SECTION 11. This Act takes effect September 1, 2011.