| 1 | 1 | | By: Martinez Fischer H.B. No. 124 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the availability of free prekindergarten programs in |
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| 7 | 7 | | public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 29.153(a-1), (b), and (f), Education |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (a-1) A district shall offer prekindergarten classes if the |
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| 12 | 12 | | district identifies 15 or more children who are [eligible under |
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| 13 | 13 | | Subsection (b) and are] at least four years of age. A school |
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| 14 | 14 | | district may offer prekindergarten classes if the district |
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| 15 | 15 | | identifies 15 or more [eligible] children who are eligible under |
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| 16 | 16 | | Subsection (b)(1) and are at least three years of age. A district |
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| 17 | 17 | | may not charge tuition for a prekindergarten class offered under |
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| 18 | 18 | | this section. |
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| 19 | 19 | | (b) A child is eligible for enrollment in a prekindergarten |
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| 20 | 20 | | class under this section if the child is: |
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| 21 | 21 | | (1) at least three years of age and: |
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| 22 | 22 | | (A) [(1)] is unable to speak and comprehend the |
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| 23 | 23 | | English language; |
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| 24 | 24 | | (B) [(2)] is educationally disadvantaged; |
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| 25 | 25 | | (C) [(3)] is a homeless child, as defined by 42 |
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| 26 | 26 | | U.S.C. Section 11434a, regardless of the residence of the child, of |
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| 27 | 27 | | either parent of the child, or of the child's guardian or other |
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| 28 | 28 | | person having lawful control of the child; |
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| 29 | 29 | | (D) [(4)] is the child of an active duty member |
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| 30 | 30 | | of the armed forces of the United States, including the state |
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| 31 | 31 | | military forces or a reserve component of the armed forces, who is |
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| 32 | 32 | | ordered to active duty by proper authority; |
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| 33 | 33 | | (E) [(5)] is the child of a member of the armed |
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| 34 | 34 | | forces of the United States, including the state military forces or |
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| 35 | 35 | | a reserve component of the armed forces, who was injured or killed |
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| 36 | 36 | | while serving on active duty; or |
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| 37 | 37 | | (F) [(6)] is or ever has been in the |
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| 38 | 38 | | conservatorship of the Department of Family and Protective Services |
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| 39 | 39 | | following an adversary hearing held as provided by Section 262.201, |
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| 40 | 40 | | Family Code; or |
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| 41 | 41 | | (2) at least four years of age. |
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| 42 | 42 | | (f) A child who is eligible for enrollment in a |
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| 43 | 43 | | prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or |
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| 44 | 44 | | (5)] remains eligible for enrollment if the child's parent leaves |
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| 45 | 45 | | the armed forces, or is no longer on active duty, after the child |
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| 46 | 46 | | begins a prekindergarten class. |
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| 47 | 47 | | SECTION 2. Section 29.1532(c), Education Code, is amended |
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| 48 | 48 | | to read as follows: |
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| 49 | 49 | | (c) A school district that offers prekindergarten classes |
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| 50 | 50 | | shall include the following information in the district's Public |
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| 51 | 51 | | Education Information Management System (PEIMS) report: |
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| 52 | 52 | | (1) demographic information, as determined by the |
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| 53 | 53 | | commissioner, on students enrolled in district prekindergarten |
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| 54 | 54 | | classes, including the number of students who are eligible for |
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| 55 | 55 | | classes under Section 29.153(b)(1) or (f) [29.153]; |
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| 56 | 56 | | (2) the numbers of half-day and full-day |
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| 57 | 57 | | prekindergarten classes offered by the district; and |
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| 58 | 58 | | (3) the sources of funding for the prekindergarten |
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| 59 | 59 | | classes. |
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| 60 | 60 | | SECTION 3. Section 29.153(d), Education Code, is repealed. |
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| 61 | 61 | | SECTION 4. This Act applies beginning with the 2019-2020 |
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| 62 | 62 | | school year. |
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| 63 | 63 | | SECTION 5. This Act takes effect August 1, 2019. |
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