Texas 2015 - 84th Regular

Texas House Bill HB1100 Compare Versions

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

Old	New	Differences
1	1	84R7760 JSL-D
2	2	By: Johnson H.B. No. 1100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a gold standard full-day prekindergarten program
8	8	provided by public school districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.104(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) An open-enrollment charter school is subject to:
13	13	(1) a provision of this title establishing a criminal
14	14	offense; and
15	15	(2) a prohibition, restriction, or requirement, as
16	16	applicable, imposed by this title or a rule adopted under this
17	17	title, relating to:
18	18	(A) the Public Education Information Management
19	19	System (PEIMS) to the extent necessary to monitor compliance with
20	20	this subchapter as determined by the commissioner;
21	21	(B) criminal history records under Subchapter C,
22	22	Chapter 22;
23	23	(C) reading instruments and accelerated reading
24	24	instruction programs under Section 28.006;
25	25	(D) accelerated instruction under Section
26	26	28.0211;
27	27	(E) high school graduation requirements under
28	28	Section 28.025;
29	29	(F) special education programs under Subchapter
30	30	A, Chapter 29;
31	31	(G) bilingual education under Subchapter B,
32	32	Chapter 29;
33	33	(H) prekindergarten programs under Subchapter E
34	34	or E-1, Chapter 29;
35	35	(I) extracurricular activities under Section
36	36	33.081;
37	37	(J) discipline management practices or behavior
38	38	management techniques under Section 37.0021;
39	39	(K) health and safety under Chapter 38;
40	40	(L) public school accountability under
41	41	Subchapters B, C, D, E, F, G, and J, Chapter 39;
42	42	(M) the requirement under Section 21.006 to
43	43	report an educator's misconduct; and
44	44	(N) intensive programs of instruction under
45	45	Section 28.0213.
46	46	SECTION 2. Section 25.001(a), Education Code, is amended to
47	47	read as follows:
48	48	(a) A person who, on the first day of September of any school
49	49	year, is at least five years of age and under 21 years of age, or is
50	50	at least 21 years of age and under 26 years of age and is admitted by
51	51	a school district to complete the requirements for a high school
52	52	diploma is entitled to the benefits of the available school fund for
53	53	that year. Any other person enrolled in a prekindergarten class
54	54	under Section 29.153 or Subchapter E-1, Chapter 29, is entitled to
55	55	the benefits of the available school fund.
56	56	SECTION 3. Section 29.153, Education Code, is amended by
57	57	amending Subsection (c) and adding Subsection (c-1) to read as
58	58	follows:
59	59	(c) A prekindergarten class under this section shall be
60	60	operated on a half-day basis, unless the school district chooses to
61	61	operate gold standard prekindergarten classes on a full-day basis
62	62	in accordance with Subchapter E-1. A school district is eligible
63	63	for funding under the Foundation School Program for students
64	64	enrolled in a gold standard prekindergarten class as provided by
65	65	Section 29.166.
66	66	(c-1) A district is not required to provide transportation
67	67	for a prekindergarten class, but transportation, if provided, is
68	68	included for funding purposes as part of the regular transportation
69	69	system.
70	70	SECTION 4. Subchapter E, Chapter 29, Education Code, is
71	71	amended by adding Section 29.1541 to read as follows:
72	72	Sec. 29.1541. COLLECTION AND REPORTING OF INFORMATION. The
73	73	agency shall:
74	74	(1) collect data from all prekindergarten classes,
75	75	including gold standard prekindergarten classes under Subchapter
76	76	E-1, regarding student demographics, classroom size, student to
77	77	instructor ratios, funding sources, and curricula used by the class
78	78	and maintain that information in the Texas student data system; and
79	79	(2) make the information available and accessible to
80	80	parents and the general public.
81	81	SECTION 5. Chapter 29, Education Code, is amended by adding
82	82	Subchapter E-1 to read as follows:
83	83	SUBCHAPTER E-1. GOLD STANDARD PREKINDERGARTEN PROGRAM
84	84	Sec. 29.164. DEFINITION. In this subchapter, "program"
85	85	means a gold standard prekindergarten program provided free of
86	86	tuition or fees in accordance with this subchapter.
87	87	Sec. 29.165. GOLD STANDARD PREKINDERGARTEN PROGRAM. (a)
88	88	From funds appropriated for that purpose, the commissioner by rule
89	89	shall establish a funding program under which funds are awarded to
90	90	school districts and open-enrollment charter schools to implement a
91	91	full-day prekindergarten program under this subchapter for
92	92	children who are:
93	93	(1) eligible for classes under Section 29.153; and
94	94	(2) at least four years of age on September 1 of the
95	95	year the child begins the program.
96	96	(b) Before a school district may participate in the program,
97	97	the district must apply to the agency and the agency must approve
98	98	the district's application. The school district shall include in
99	99	the district's application:
100	100	(1) a design plan for implementation of the program;
101	101	(2) a professional development plan to improve the
102	102	instruction quality of teachers and teacher's aides; and
103	103	(3) any other information required by the
104	104	commissioner.
105	105	(c) A program is subject to any other requirements imposed
106	106	by law that apply to a prekindergarten program not provided in
107	107	accordance with this subchapter, except that to the extent a
108	108	conflict exists between this subchapter and any other provision of
109	109	law, this subchapter prevails.
110	110	Sec. 29.166. GOLD STANDARD PROGRAM FUNDING. (a) In
111	111	addition to funding granted under Subsection (b), a school district
112	112	is eligible for half-day funding under the Foundation School
113	113	Program for students enrolled in a program class.
114	114	(b) A school district is entitled to receive $3,650 for
115	115	every student in average daily attendance in a program class.
116	116	Sec. 29.167. GOLD STANDARD CURRICULUM AND INSTRUCTION
117	117	STANDARDS. (a) The agency shall approve curricula to be used in a
118	118	prekindergarten program under this subchapter.
119	119	(b) A school district may select and implement a curriculum
120	120	for the program that the agency has approved. If the school district
121	121	does not select an approved curriculum for the program, the school
122	122	district must obtain agency approval for the selected curriculum
123	123	before the district implements the curriculum.
124	124	(c) The agency shall ensure that the curriculum implemented
125	125	in a program includes prekindergarten guidelines established by the
126	126	agency.
127	127	(d) Each program class must have at least one teacher
128	128	certified under Subchapter B, Chapter 21. A school district:
129	129	(1) may not enroll more than 25 students in a program
130	130	class; and
131	131	(2) must maintain an average ratio in a program class
132	132	of not less than one certified teacher or teacher's aide for each 10
133	133	students.
134	134	(e) A teacher's aide who is included in the required student
135	135	to instructor ratio under Subsection (d)(2):
136	136	(1) must have been awarded a Child Development
137	137	Associate (CDA) credential; or
138	138	(2) must:
139	139	(A) have at least four years of experience
140	140	working in early child development; and
141	141	(B) receive a Child Development Associate (CDA)
142	142	credential not later than the fourth anniversary of the date the
143	143	teacher's aide began working in a program class.
144	144	(f) The commissioner shall develop standards for
145	145	instructional coaching and clinical practice for teachers and
146	146	teacher's aides in the program that ensure continued improvement of
147	147	instruction quality.
148	148	Sec. 29.168. PARENT ENGAGEMENT PLANS. A school district
149	149	shall:
150	150	(1) develop and implement a parent engagement plan to
151	151	assist the district in achieving and maintaining high levels of
152	152	parental involvement and positive parental attitudes toward
153	153	education; and
154	154	(2) assess parental involvement in the program and
155	155	parental attitude.
156	156	Sec. 29.169. STUDENT ASSESSMENTS. (a) A school district
157	157	shall administer diagnostic assessments to students in the program
158	158	but may not administer a standardized assessment instrument. A
159	159	diagnostic assessment may not be the basis of class advancement,
160	160	teacher compensation, or district funding. A school district shall
161	161	report data from results of diagnostic assessments in accordance
162	162	with Section 29.1541.
163	163	(b) The agency shall approve diagnostic assessments for a
164	164	prekindergarten program under this subchapter. A school district
165	165	may select assessments for the program from among the approved
166	166	assessments. If the school district does not select an approved
167	167	assessment, the school district must obtain agency approval for the
168	168	assessment selected by the district before using the assessment.
169	169	Sec. 29.170. PROGRAM ASSESSMENT. (a) The agency shall
170	170	assess the effectiveness of the program by comparing student-level
171	171	results of assessment instruments administered under Section
172	172	39.023(a) in the third and fourth grades of students who completed
173	173	the program against the results of the same assessment instruments
174	174	of students who did not complete the program.
175	175	(b) The agency shall develop and approve additional methods
176	176	by which a school district may assess the district's program
177	177	classes and instruction. The methods must be capable of measuring
178	178	or assessing interaction between teachers and students, coverage of
179	179	program curriculum, and other metrics required by commissioner
180	180	rule.
181	181	(c) A school district may select and implement appropriate
182	182	methods approved by the agency for assessing the district's program
183	183	classes. If the school district does not select an approved
184	184	assessment method, the school district must obtain agency approval
185	185	for the assessment method selected. A school district shall report
186	186	data from results of program assessments in accordance with Section
187	187	29.1541.
188	188	Sec. 29.171. PROGRAM ACCOUNTABILITY. (a) The commissioner
189	189	shall establish benchmarks for the effectiveness of a school
190	190	district's program using student-level results collected under
191	191	Section 29.170(a). The rules must require a district to demonstrate
192	192	high achievement or show substantial progress toward high
193	193	achievement with respect to the benchmarks to continue operating
194	194	the program.
195	195	(b) If a school district's program does not satisfy
196	196	benchmarks adopted under Subsection (a), the agency shall propose
197	197	changes for the district's program to assist the district in
198	198	satisfying the benchmarks. A district that implements proposed
199	199	changes is eligible to operate the program notwithstanding the
200	200	district's failure to satisfy benchmarks for the program. If a
201	201	district to which the agency has proposed changes fails to
202	202	implement the proposed changes, the district is ineligible to
203	203	receive funding under this subchapter.
204	204	Sec. 29.172. CONTRACTS WITH PRIVATE PROVIDERS. A school
205	205	district participating in the program may enter into a contract
206	206	with eligible private providers to provide services or equipment
207	207	for the program.
208	208	Sec. 29.173. ELIGIBLE PRIVATE PROVIDERS. To be eligible to
209	209	contract with a school district to provide a program or part of a
210	210	program, a private provider must be licensed by and in good standing
211	211	with the Department of Family and Protective Services. For
212	212	purposes of this section, a private provider is in good standing
213	213	with the Department of Family and Protective Services if the
214	214	department has not taken an action against the provider's license
215	215	under Section 42.071, 42.072, or 42.078, Human Resources Code,
216	216	during the 24-month period preceding the date of a contract with a
217	217	school district. The private provider must also be accredited by a
218	218	research-based, nationally recognized, and universally accessible
219	219	accreditation system approved by the commissioner.
220	220	Sec. 29.174. WRITTEN CONTRACT REQUIRED. A school district
221	221	and a private provider contracting under this subchapter shall
222	222	enter a written contract governing the services to be provided by
223	223	the private provider, including the amount of funding allocated by
224	224	the school district to the private provider and the number of
225	225	students the private provider agrees to enroll. The contract may
226	226	provide that:
227	227	(1) the school district leases school facilities to or
228	228	from the private provider;
229	229	(2) the school district employs a certified teacher
230	230	for the prekindergarten class and the private provider supplies the
231	231	school facilities and all other personnel and supplies; or
232	232	(3) the private provider supplies the school
233	233	facilities, certified teachers, personnel, and supplies.
234	234	Sec. 29.175. DISCRIMINATION BY PRIVATE PROVIDER
235	235	PROHIBITED. A private provider may not deny program services to a
236	236	student on the basis of the student's race, religion, sex,
237	237	ethnicity, national origin, or disability.
238	238	Sec. 29.176. OVERSIGHT OF PRIVATE PROVIDERS. (a) A school
239	239	district that contracts with a private provider shall monitor the
240	240	private provider's compliance with the terms of the contract.
241	241	(b) The commissioner shall monitor a private provider's
242	242	compliance with state laws and requirements for prekindergarten
243	243	programs.
244	244	Sec. 29.177. RULES. The commissioner may adopt rules
245	245	necessary to implement this subchapter.
246	246	SECTION 6. Section 42.003(b), Education Code, is amended to
247	247	read as follows:
248	248	(b) A student to whom Subsection (a) does not apply is
249	249	entitled to the benefits of the Foundation School Program if the
250	250	student is enrolled in a prekindergarten class under Section 29.153
251	251	or Subchapter E-1, Chapter 29.
252	252	SECTION 7. This Act applies beginning with the 2015-2016
253	253	school year.
254	254	SECTION 8. This Act takes effect immediately if it receives
255	255	a vote of two-thirds of all the members elected to each house, as
256	256	provided by Section 39, Article III, Texas Constitution. If this
257	257	Act does not receive the vote necessary for immediate effect, this
258	258	Act takes effect September 1, 2015.