82R8754 KKA-D By: Zaffirini S.B. No. 1813 A BILL TO BE ENTITLED AN ACT relating to the state definition of public school. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 4, Education Code, is amended by adding Section 4.003 to read as follows: Sec. 4.003. APPLICABILITY TO HEAD START PROGRAMS. A provision in this title applies to a Head Start program only to the extent that the provision explicitly provides for that applicability. SECTION 2. Section 5.001, Education Code, is amended by adding Subdivision (6-b) to read as follows: (6-b) "Public school" means a school that offers a course of instruction for students in one or more grades from prekindergarten through grade 12, is supported by state tax funds, and does not customarily charge tuition. The term includes a Head Start program operated in this state, regardless of whether the program is operated by a school district or operated by a community-based organization and regardless of whether the program is located at a school district campus. SECTION 3. Section 7.031(b), Education Code, is amended to read as follows: (b) Unless otherwise prohibited by federal law, the commissioner may determine, [solely] for purposes of the program's eligibility to receive federal grant funds or participate in federal discount programs, for the purpose of technology services, [and] support, and related services, that a Head Start program operated in this state by a school district or a community-based organization serves the function of an elementary school by providing elementary education at one or more program facilities, regardless of whether the Head Start program facilities are located on a school district campus. SECTION 4. 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, 2011.