By: West S.B. No. 1752
A BILL TO BE ENTITLED
AN ACT
relating to prekindergarten programs in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amend Subsection 29.153(c), Education Code, to
read as follows:
(c) A prekindergarten class under this section shall be
operated on a half-day basis or on a full-day basis as provided by
section 29.1541. A district is not required to provide
transportation for a prekindergarten class, but transportation, if
provided, is included for funding purposes as part of the regular
transportation system.
SECTION 2. Amend Section 29.1532, Education Code, as
follows:
Sec 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A
school district's prekindergarten program shall be designed to
develop skills necessary for success in the regular public school
curriculum, including language, mathematics, and social skills.
(b) The commissioner shall develop appropriate early
childhood learning standards for all half-day and full-day
prekindergarten programs. Districts and charter schools must
select curricula that align with the commissioner's standards.
(b-1) Until the commissioner develops early childhood
learning standards, pre-kindergarten programs shall use existing
guidelines adopted by the commissioner for purposes of
instructional materials. This subsection expires September 1,
2016.
(c)[(b)] If a school district contracts with a private
entity for the operation of the district's prekindergarten program,
the program must at a minimum comply with the applicable child-care
licensing standards adopted by the Department of Protective and
Regulatory Services under Section 42.042, Human Resources Code.
(d)[(c)] Each teacher or aide assigned to a prekindergarten
class shall complete 30 hours of early childhood-specific education
every five years.
(e) A school district that offers prekindergarten classes
shall include the following information in the district's Public
Education Information Management System (PEIMS) report:
(1) demographic information, as determined by the
commissioner, on students enrolled in district prekindergarten
classes, including the number of students who are eligible for
classes under Section 29.153;
(2) the numbers of half-day and full-day
prekindergarten classes offered by the district; [and]
(3) the number of students enrolled in each half-day
and full-day prekindergarten class offered by the district;
(4) the number of teachers and aides assigned to each
half-day and full-day prekindergarten class;
(5) the number of hours per week and hours per year for
each half-day and full-day program offered by the district; and
(6) [(3)] the sources of funding for the
prekindergarten classes.
(f) The commissioner may make rules to implement this
section.
SECTION 3. Add new Section 29.1541, Education Code, to read
as follows:
Section 29.1541 Full-day Prekindergarten Programs (a) A
school district or charter school may receive funding for a
full-day prekindergarten program for four year old students
eligible under Section 29.153 as provided by this section.
(b) A teacher at a prekindergarten program funded as a
full-day program under this section must meet the requirements
developed by the State Board for Educator Certification under
Section 21.1530.
(c) A full-day prekindergarten program funded under this
section must maintain a ratio of no more than ten students to a
teacher or aide and must assign at least one teacher to each
classroom.
(d) A district or charter operating a full-day
prekindergarten program funded under this section must implement a
local system approved by the commissioner to monitor the progress
of prekindergarten students through the school year and evaluate
program effectiveness. The commissioner shall provide multiple
options to comply with this subsection.
(e) A district or charter operating a full-day
prekindergarten program funded under this section must adopt an
instrument approved by the commissioner to evaluate the readiness
of all students entering kindergarten and report information
required by the commissioner through the Public Education
Information Management System.
(f) Nothing in this section shall be construed to require a
district or charter to operate a full-day prekindergarten program,
or to require compliance with this section in programs funded on a
half-time basis or full-time programs for ineligible students
funded with tuition under section 29.1531.
(g) A school district or charter may contract with a private
entity to provide a program under this section. A contract for
services may include the district or charter providing facilities,
teachers and aides or other services to a private provider. A
contract for services must ensure that all requirements of this
section for a full-day prekindergarten program are met by the
district or charter or the contracting private provider.
(h) The commissioner may make rules to implement this
section.
(i) The commissioner shall evaluate the effectiveness of
programs operated under this section and report to the legislature
no later than December 1, 2018. This subsection expires January 1,
2019.
(j) A district or charter must apply to the commissioner for
permission to receive funding for a full-day program operated
during the 2016-2017 school year. The commissioner may not approve
applications in an amount that exceeds a total additional state
cost set by appropriation. The commissioner shall adopt
application deadlines and prioritize districts with the greatest
percentage of students who meet the eligibility criteria in section
29.153 if applications for funding exceed the amount set by
appropriation. A decision by the commissioner under this
subsection is final and may not be appealed. This subsection
expires September 1, 2017.
SECTION 4. Add new Section 21.1530, Education Code, to read
as follows:
Section 21.1530 Prekindergarten requirements. (a) The
board shall determine appropriate education and professional
development requirements for teachers and aides in full-day
prekindergarten programs under Section 29.1541.
(b) The board may fulfill the requirements of this section
for teachers by:
(1) developing an early childhood education
certificate applicable to prekindergarten and kindergarten, which
may also apply to grades one through three; or
(2) developing an endorsement for existing
certificates that is based on appropriate education requirements to
enable a teacher to succeed in early childhood education; or
(3) adopting appropriate education or training
requirements for early childhood teachers, which may include a
Child Development Associate Certificate.
(c) The board may fulfill the requirements of this section
for aides by adopting appropriate education or training
requirements for early childhood staff, which may include a Child
Development Associate Certificate.
(d) This section only applies to a teacher or aide providing
instruction to students in a full-day prekindergarten program that
receives funding under Section 29.1530.
SECTION 5. Amend Section 25.001(a), Education Code, to read
as follows:
Sec. 25.001. ADMISSION. (a) A person who, on the first day
of September of any school year, is at least five years of age and
under 21 years of age, or is at least 21 years of age and under 26
years of age and is admitted by a school district to complete the
requirements for a high school diploma is entitled to the benefits
of the available school fund for that year. Any other person
enrolled in a prekindergarten class under Section 29.153 or 29.1541
is entitled to the benefits of the available school fund.
SECTION 6. Amend Section 42.003(b), Education Code, to read
as follows:
Sec 42.003(b) A student to whom Subsection (a) does not
apply is entitled to the benefits of the Foundation School Program
if the student is enrolled in a prekindergarten class under Section
29.153 or 29.1541.
SECTION 7. Implementation. (a) Except as provided in this
section, this act takes effect September 1, 2015.
(b) The requirement that teachers and aids assigned to
prekindergarten programs complete 30 hours of early
childhood-specific professional education in Section 29.1532(d) as
added by this act applies:
(1) to programs funded under Section 29.0541 beginning
with the 2017-2018 school year; and
(2) to all other prekindergarten programs beginning
with the 2019-2020 school year.
(c) The State Board for Educator Certification shall adopt
standards under Section 21.1530 as soon as practicable. Standards
for prekindergarten staff under Section 21.1530 apply beginning
with the 2018-19 school year.
(d) Students enrolled in full-day pre-kindergarten programs
under Section 29.1541, Education Code, as added by this Act, shall
be included in funding for the Foundation School Program beginning
with the 2017-18 school year.
SECTION 8. 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 votes necessary for immediate effect, this
Act takes effect September 1, 2015.