84R10720 JSL-F By: Zaffirini, Campbell S.B. No. 801 A BILL TO BE ENTITLED AN ACT relating to a high quality prekindergarten program provided by public school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.104(b), Education Code, is amended to read as follows: (b) An open-enrollment charter school is subject to: (1) a provision of this title establishing a criminal offense; and (2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to: (A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner; (B) criminal history records under Subchapter C, Chapter 22; (C) reading instruments and accelerated reading instruction programs under Section 28.006; (D) accelerated instruction under Section 28.0211; (E) high school graduation requirements under Section 28.025; (F) special education programs under Subchapter A, Chapter 29; (G) bilingual education under Subchapter B, Chapter 29; (H) prekindergarten programs under Subchapter E or E-1, Chapter 29; (I) extracurricular activities under Section 33.081; (J) discipline management practices or behavior management techniques under Section 37.0021; (K) health and safety under Chapter 38; (L) public school accountability under Subchapters B, C, D, E, F, G, and J, Chapter 39; (M) the requirement under Section 21.006 to report an educator's misconduct; and (N) intensive programs of instruction under Section 28.0213. SECTION 2. Section 25.001(a), Education Code, is amended to read as follows: (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 Subchapter E-1, Chapter 29, is entitled to the benefits of the available school fund. SECTION 3. Chapter 29, Education Code, is amended by adding Subchapter E-1 to read as follows: SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN PROGRAM Sec. 29.164. DEFINITION. In this subchapter, "program" means a high quality prekindergarten program provided free of tuition or fees in accordance with this subchapter. Sec. 29.165. HIGH QUALITY PREKINDERGARTEN PROGRAM. (a) From funds appropriated for that purpose, the commissioner by rule shall establish a funding program under which funds are awarded to school districts and open-enrollment charter schools to implement a prekindergarten program under this subchapter. (b) A school district may participate in and receive funding under the program if the district meets all program standards required under this subchapter. (c) A program is subject to any other requirements imposed by law that apply to a prekindergarten program not provided in accordance with this subchapter, except that to the extent a conflict exists between this subchapter and any other provision of law, this subchapter prevails. Sec. 29.166. HIGH QUALITY PROGRAM FUNDING. (a) In addition to funding granted under Subsection (b), a school district is eligible for half-day funding under the Foundation School Program for students enrolled in a program class. (b) A school district is entitled to receive additional funding in an amount determined by the commissioner for each qualifying student described under Subsection (c) in average daily attendance in a program class. (c) A student qualifies for additional funding under Subsection (b) if the student is four years of age on September 1 of the year the student begins the program. (d) A school district that receives the funding under this section may use the funding only to improve the quality of the district's prekindergarten programs. Sec. 29.167. HIGH QUALITY CURRICULUM AND TEACHER REQUIREMENTS. (a) A school district shall select and implement a curriculum for a prekindergarten program under this subchapter that includes the prekindergarten guidelines established by the agency and measures the progress of students in meeting the recommended learning outcomes. (b) Each teacher for a program class must be certified under Subchapter B, Chapter 21. Sec. 29.168. PARENT ENGAGEMENT PLAN. A school district shall develop and implement a parent engagement plan to assist the district in achieving and maintaining high levels of parental involvement and positive parental attitudes toward education. Sec. 29.169. PROGRAM EVALUATION. A school district shall: (1) select and implement appropriate methods for evaluating the district's program classes by measuring student progress; and (2) make data from the results of program evaluations available to parents. Sec. 29.170. PROGRAM FUNDING EVALUATION. (a) The commissioner shall evaluate the use and effectiveness of funding provided under this subchapter in improving student learning. The commissioner shall identify effective instruction strategies implemented by school districts under this subchapter. (b) Not later than December 1, 2018, the commissioner shall deliver a report to the legislature containing the results of the evaluation. (c) This section expires December 31, 2018. Sec. 29.171. RULES. The commissioner may adopt rules necessary to implement this subchapter. SECTION 4. Section 42.003(b), Education Code, is amended to read as follows: (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 Subchapter E-1, Chapter 29. SECTION 5. This Act applies beginning with the 2015-2016 school year. SECTION 6. 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, 2015.