Texas 2017 - 85th Regular

Texas House Bill HB2255 Compare Versions

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

Old	New	Differences
1	1	85R11700 KKA-D
2	2	By: King of Hemphill H.B. No. 2255
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to student eligibility for free high quality
8	8	prekindergarten programs and state financial support for each
9	9	school district that elects to provide a full-day prekindergarten
10	10	program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.104(b), Education Code, is amended to
13	13	read as follows:
14	14	(b) An open-enrollment charter school is subject to:
15	15	(1) a provision of this title establishing a criminal
16	16	offense; and
17	17	(2) a prohibition, restriction, or requirement, as
18	18	applicable, imposed by this title or a rule adopted under this
19	19	title, relating to:
20	20	(A) the Public Education Information Management
21	21	System (PEIMS) to the extent necessary to monitor compliance with
22	22	this subchapter as determined by the commissioner;
23	23	(B) criminal history records under Subchapter C,
24	24	Chapter 22;
25	25	(C) reading instruments and accelerated reading
26	26	instruction programs under Section 28.006;
27	27	(D) accelerated instruction under Section
28	28	28.0211;
29	29	(E) high school graduation requirements under
30	30	Section 28.025;
31	31	(F) special education programs under Subchapter
32	32	A, Chapter 29;
33	33	(G) bilingual education under Subchapter B,
34	34	Chapter 29;
35	35	(H) prekindergarten programs under Subchapter E
36	36	[or E-1], Chapter 29;
37	37	(I) extracurricular activities under Section
38	38	33.081;
39	39	(J) discipline management practices or behavior
40	40	management techniques under Section 37.0021;
41	41	(K) health and safety under Chapter 38;
42	42	(L) public school accountability under
43	43	Subchapters B, C, D, E, F, G, and J, Chapter 39;
44	44	(M) the requirement under Section 21.006 to
45	45	report an educator's misconduct;
46	46	(N) intensive programs of instruction under
47	47	Section 28.0213; and
48	48	(O) the right of a school employee to report a
49	49	crime, as provided by Section 37.148.
50	50	SECTION 2. Section 25.001(a), Education Code, is amended to
51	51	read as follows:
52	52	(a) A person who, on the first day of September of any school
53	53	year, is at least five years of age and under 21 years of age, or is
54	54	at least 21 years of age and under 26 years of age and is admitted by
55	55	a school district to complete the requirements for a high school
56	56	diploma is entitled to the benefits of the available school fund for
57	57	that year. Any other person enrolled in a prekindergarten class
58	58	under Section 29.153 [or Subchapter E-1, Chapter 29,] is entitled
59	59	to the benefits of the available school fund.
60	60	SECTION 3. The heading to Section 29.153, Education Code,
61	61	is amended to read as follows:
62	62	Sec. 29.153. FREE PREKINDERGARTEN [FOR CERTAIN CHILDREN].
63	63	SECTION 4. Sections 29.153(a-1), (c), and (e), Education
64	64	Code, are amended to read as follows:
65	65	(a-1) A district shall offer prekindergarten classes to any
66	66	child [if the district identifies 15 or more children who are
67	67	eligible under Subsection (b) and are at least four years of age. A
68	68	school district may offer prekindergarten classes if the district
69	69	identifies 15 or more eligible children] who is [are] at least three
70	70	years of age. A district may not charge tuition for a
71	71	prekindergarten class offered under this section.
72	72	(c) A prekindergarten class under this section may [shall]
73	73	be operated on a half-day basis or a full-day basis at the option of
74	74	the board of trustees of the school district. A district that
75	75	operates a class on a full-day basis may, in determining the
76	76	district's average daily attendance under Section 42.005, include
77	77	full days of attendance for each prekindergarten student who
78	78	attends a full-day prekindergarten class. A district is not
79	79	required to provide transportation for a prekindergarten class, but
80	80	transportation, if provided, is included for funding purposes as
81	81	part of the regular transportation system.
82	82	(e) Each school district that is not exempt under Subsection
83	83	(d) shall develop a system to notify the population in the district
84	84	with children of prekindergarten age [who are eligible for
85	85	enrollment in a prekindergarten class under this section] of the
86	86	availability of prekindergarten classes [the class]. The system
87	87	must include public notices issued in English and Spanish.
88	88	SECTION 5. Section 29.1531(a), Education Code, is amended
89	89	to read as follows:
90	90	(a) A school district may offer on a tuition basis or use
91	91	district funds to provide[:
92	92	[(1) an additional half-day of prekindergarten
93	93	classes to children eligible for classes under Section 29.153; and
94	94	[(2)] half-day and full-day prekindergarten classes
95	95	to children who are younger than three years of age [not eligible
96	96	for classes under Section 29.153].
97	97	SECTION 6. Section 29.1532, Education Code, is amended to
98	98	read as follows:
99	99	Sec. 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A
100	100	school district's prekindergarten program shall be designed to
101	101	develop skills necessary for success in the regular public school
102	102	curriculum, including language, mathematics, and social skills,
103	103	through instruction provided by highly qualified teachers using a
104	104	high quality curriculum.
105	105	(b) If a school district contracts with a private entity for
106	106	the operation of the district's prekindergarten program, the
107	107	program must at a minimum comply with the applicable child-care
108	108	licensing standards adopted by the Department of Family and
109	109	Protective [and Regulatory] Services under Section 42.042, Human
110	110	Resources Code. The private entity must also:
111	111	(1) be accredited by a research-based, nationally
112	112	recognized, and universally accessible accreditation system
113	113	approved by the commissioner;
114	114	(2) be a Texas Rising Star Program provider with a
115	115	three-star certification or higher;
116	116	(3) be a Texas School Ready! participant;
117	117	(4) have an existing partnership with a school
118	118	district to provide a prekindergarten program; or
119	119	(5) be accredited by an organization that is
120	120	recognized by the Texas Private School Accreditation Commission.
121	121	(c) A school district that offers prekindergarten classes[,
122	122	including a high quality prekindergarten program class under
123	123	Subchapter E-1,] shall include the following information in the
124	124	district's Public Education Information Management System (PEIMS)
125	125	report:
126	126	(1) demographic information, as determined by the
127	127	commissioner, on students enrolled in district and campus
128	128	prekindergarten classes, including the number of students who are
129	129	at least three years of age [eligible for classes under Section
130	130	29.153];
131	131	(2) the numbers of half-day and full-day
132	132	prekindergarten classes offered by the district and campus;
133	133	(3) the sources of funding for the prekindergarten
134	134	classes;
135	135	(4) the class size and ratio of instructional staff to
136	136	students for each prekindergarten program class offered by the
137	137	district and campus;
138	138	(5) if the district elects to administer an assessment
139	139	instrument to students enrolled in district and campus
140	140	prekindergarten program classes, a description and the results of
141	141	each type of assessment instrument; and
142	142	(6) curricula used in the district's prekindergarten
143	143	program classes.
144	144	(d) Information required under this section to be included
145	145	in a school district's Public Education Information Management
146	146	System (PEIMS) report may not be used for purposes of determining a
147	147	district's accreditation or a campus or district performance rating
148	148	under Subchapter C, Chapter 39.
149	149	(e) A school district shall select and implement a
150	150	curriculum to be used for the district's prekindergarten classes
151	151	that:
152	152	(1) includes the prekindergarten guidelines
153	153	established by the agency;
154	154	(2) measures the progress of students in meeting the
155	155	recommended learning outcomes; and
156	156	(3) does not use national curriculum standards
157	157	developed by the Common Core State Standards Initiative.
158	158	(f) Each teacher for a school district prekindergarten
159	159	class must:
160	160	(1) be certified under Subchapter B, Chapter 21; and
161	161	(2) have one of the following additional
162	162	qualifications:
163	163	(A) a Child Development Associate (CDA)
164	164	credential or another early childhood education credential
165	165	approved by the agency;
166	166	(B) certification offered through a training
167	167	center accredited by Association Montessori Internationale or
168	168	through the Montessori Accreditation Council for Teacher
169	169	Education;
170	170	(C) at least eight years' experience of teaching
171	171	in a nationally accredited child care program;
172	172	(D) be employed as a prekindergarten teacher in a
173	173	school district that has received approval from the commissioner
174	174	for the district's prekindergarten-specific instructional training
175	175	plan that the teacher uses in the teacher's prekindergarten
176	176	classroom; or
177	177	(E) an equivalent qualification.
178	178	(g) A school district may allow a teacher employed by the
179	179	district to receive the training required to be awarded a Child
180	180	Development Associate (CDA) credential from a regional education
181	181	service center that offers the training in accordance with Section
182	182	8.058. Training may not include national curriculum standards
183	183	developed by the Common Core State Standards Initiative.
184	184	(h) A school district must attempt to maintain an average
185	185	ratio in any prekindergarten class of not less than one certified
186	186	teacher or teacher's aide for each 11 students.
187	187	(i) A school district shall:
188	188	(1) select and implement appropriate methods for
189	189	evaluating the district's prekindergarten classes by measuring
190	190	student progress; and
191	191	(2) make data from the results of evaluations
192	192	available to parents.
193	193	(j) A school district may administer diagnostic assessments
194	194	to students in a prekindergarten class to evaluate student progress
195	195	as required by Subsection (i) but may not administer a state
196	196	standardized assessment instrument.
197	197	(k) An assessment instrument administered to a
198	198	prekindergarten class must be selected from a list of appropriate
199	199	prekindergarten assessment instruments identified by the
200	200	commissioner.
201	201	SECTION 7. Section 29.1561(b), Education Code, is amended
202	202	to read as follows:
203	203	(b) Notwithstanding any restriction imposed by this title,
204	204	the commissioner may administer grants for early childhood care and
205	205	education programs under Section [29.155 or] 29.156, including Head
206	206	Start and Early Head Start programs, in a manner that provides the
207	207	greatest flexibility allowed under federal law.
208	208	SECTION 8. Section 29.160(c), Education Code, is amended to
209	209	read as follows:
210	210	(c) A school district, regional education service center,
211	211	institution of higher education, local government, local workforce
212	212	development board, or community organization may develop one or
213	213	more coordination-of-resources demonstration projects under which
214	214	government-funded child-care and early education services,
215	215	including Head Start and Early Head Start, prekindergarten, and
216	216	after-school child-care program services, child-care services
217	217	provided by nonprofit or for-profit entities, and faith-based
218	218	child-care programs, are operated in a coordinated and integrated
219	219	manner. An entity that develops a proposed demonstration project
220	220	under this subsection must obtain approval of the project from the
221	221	state agency or agencies with regulatory jurisdiction over the
222	222	subject matter involved in the project. Approval of a project under
223	223	this subsection must be made contingent on development of a
224	224	memorandum of understanding regarding the child-care and early
225	225	education coordination and integration that is:
226	226	(1) entered into by each entity participating in the
227	227	project; and
228	228	(2) [certified by the State Center for Early Childhood
229	229	Development as meeting any standards developed under Section
230	230	29.155(g); and
231	231	[(3)] consistent with the applicable provisions of
232	232	this section and applicable laws and regulations in a manner that at
233	233	a minimum maintains existing child-care and early education program
234	234	requirements and does not waive any existing health and safety
235	235	standards.
236	236	SECTION 9. Section 42.003(b), Education Code, is amended to
237	237	read as follows:
238	238	(b) A student to whom Subsection (a) does not apply is
239	239	entitled to the benefits of the Foundation School Program if the
240	240	student is enrolled in a prekindergarten class under Section 29.153
241	241	[or Subchapter E-1, Chapter 29].
242	242	SECTION 10. Section 481.078, Government Code, is amended by
243	243	adding Subsection (d-4) to read as follows:
244	244	(d-4) The fund may be used to finance amounts to which
245	245	school districts are entitled under the Foundation School Program
246	246	on the basis of the number of students in average daily attendance
247	247	in prekindergarten programs under Subchapter E, Chapter 29,
248	248	Education Code. The governor may transfer appropriations from the
249	249	fund to the Texas Education Agency for that purpose. Amounts
250	250	transferred under this subsection are not considered to be grant
251	251	funds, and the amounts transferred are not subject to any provision
252	252	of this section or other law that applies to grants awarded by the
253	253	governor under this section.
254	254	SECTION 11. Section 481.079, Government Code, is amended by
255	255	adding Subsection (a-3) to read as follows:
256	256	(a-3) The report must include a statement regarding any
257	257	amounts transferred to finance prekindergarten payments in
258	258	accordance with Section 481.078(d-4).
259	259	SECTION 12. Sections 2308.3171(a) and (c), Government Code,
260	260	are amended to read as follows:
261	261	(a) In this section, "quality child-care indicator" means
262	262	any appropriate indicator of quality services, including whether
263	263	the provider of the services:
264	264	(1) meets Texas Rising Star Program certification
265	265	criteria;
266	266	(2) is accredited by a nationally recognized
267	267	accrediting organization approved by the commission;
268	268	(3) is certified under the school readiness
269	269	certification system established under Section 29.161, Education
270	270	Code; or
271	271	(4) [meets standards developed under Section
272	272	29.155(g), Education Code; or
273	273	[(5)] has achieved any other measurable target that is
274	274	relevant to improving the quality of child care in this state and
275	275	that has been approved by the commission.
276	276	(c) Each board shall post in a prominent place on the
277	277	board's Internet website home page and at any physical location
278	278	where the board provides services:
279	279	(1) a list of local designated vendors that are
280	280	child-care providers and have a quality child-care indicator listed
281	281	in Subsection (a)(1), (2), or (3)[, or (4)]; and
282	282	(2) a list of local parenting classes.
283	283	SECTION 13. The following provisions of the Education Code
284	284	are repealed:
285	285	(1) Sections 29.153(a), (b), and (f);
286	286	(2) Section 29.155; and
287	287	(3) Subchapter E-1, Chapter 29.
288	288	SECTION 14. Notwithstanding any other provision of law,
289	289	during the state fiscal biennium beginning September 1, 2017, the
290	290	governor may transfer to the Texas Education Agency any amounts
291	291	appropriated for that biennium to a trusteed program within the
292	292	office of the governor. Any amounts transferred by the governor in
293	293	accordance with this authority may be used by the Texas Education
294	294	Agency only to finance amounts to which school districts are
295	295	entitled under the Foundation School Program on the basis of the
296	296	number of students in average daily attendance in prekindergarten
297	297	programs under Subchapter E, Chapter 29, Education Code.
298	298	SECTION 15. This Act applies beginning with the 2017-2018
299	299	school year.
300	300	SECTION 16. This Act takes effect immediately if it
301	301	receives a vote of two-thirds of all the members elected to each
302	302	house, as provided by Section 39, Article III, Texas Constitution.
303	303	If this Act does not receive the vote necessary for immediate
304	304	effect, this Act takes effect September 1, 2017.