Texas 2017 - 85th Regular

Texas House Bill HB2282 Compare Versions

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

Old	New	Differences
1	1	85R5941 MEW-D
2	2	By: Johnson of Dallas H.B. No. 2282
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 and the elimination of the high
9	9	school allotment under the Foundation School Program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.104(b), Education Code, is amended to
12	12	read as follows:
13	13	(b) An open-enrollment charter school is subject to:
14	14	(1) a provision of this title establishing a criminal
15	15	offense; and
16	16	(2) a prohibition, restriction, or requirement, as
17	17	applicable, imposed by this title or a rule adopted under this
18	18	title, relating to:
19	19	(A) the Public Education Information Management
20	20	System (PEIMS) to the extent necessary to monitor compliance with
21	21	this subchapter as determined by the commissioner;
22	22	(B) criminal history records under Subchapter C,
23	23	Chapter 22;
24	24	(C) reading instruments and accelerated reading
25	25	instruction programs under Section 28.006;
26	26	(D) accelerated instruction under Section
27	27	28.0211;
28	28	(E) high school graduation requirements under
29	29	Section 28.025;
30	30	(F) special education programs under Subchapter
31	31	A, Chapter 29;
32	32	(G) bilingual education under Subchapter B,
33	33	Chapter 29;
34	34	(H) prekindergarten programs under Subchapter E,
35	35	[or] E-1, or E-2, Chapter 29;
36	36	(I) extracurricular activities under Section
37	37	33.081;
38	38	(J) discipline management practices or behavior
39	39	management techniques under Section 37.0021;
40	40	(K) health and safety under Chapter 38;
41	41	(L) public school accountability under
42	42	Subchapters B, C, D, E, F, G, and J, Chapter 39;
43	43	(M) the requirement under Section 21.006 to
44	44	report an educator's misconduct;
45	45	(N) intensive programs of instruction under
46	46	Section 28.0213; and
47	47	(O) the right of a school employee to report a
48	48	crime, as provided by Section 37.148.
49	49	SECTION 2. Section 25.001(a), Education Code, is amended to
50	50	read as follows:
51	51	(a) A person who, on the first day of September of any school
52	52	year, is at least five years of age and under 21 years of age, or is
53	53	at least 21 years of age and under 26 years of age and is admitted by
54	54	a school district to complete the requirements for a high school
55	55	diploma is entitled to the benefits of the available school fund for
56	56	that year. Any other person enrolled in a prekindergarten class
57	57	under Section 29.153 or Subchapter E-1 or E-2, Chapter 29, is
58	58	entitled to the benefits of the available school fund.
59	59	SECTION 3. Section 29.153, Education Code, is amended by
60	60	amending Subsection (c) and adding Subsection (c-1) to read as
61	61	follows:
62	62	(c) A prekindergarten class under this section shall be
63	63	operated on a half-day basis, unless the school district chooses to
64	64	operate gold standard prekindergarten classes on a full-day basis
65	65	in accordance with Subchapter E-2. A school district is eligible
66	66	for funding under the Foundation School Program for students
67	67	enrolled in a gold standard prekindergarten class as provided by
68	68	Section 29.17403.
69	69	(c-1) A district is not required to provide transportation
70	70	for a prekindergarten class, but transportation, if provided, is
71	71	included for funding purposes as part of the regular transportation
72	72	system.
73	73	SECTION 4. Section 29.1532, Education Code, is amended by
74	74	amending Subsection (c) and adding Subsection (e) to read as
75	75	follows:
76	76	(c) A school district that offers prekindergarten classes,
77	77	including a high quality prekindergarten program class under
78	78	Subchapter E-1 or a gold standard prekindergarten program class
79	79	under Subchapter E-2, shall include the following information in
80	80	the district's Public Education Information Management System
81	81	(PEIMS) report:
82	82	(1) demographic information, as determined by the
83	83	commissioner, on students enrolled in district and campus
84	84	prekindergarten classes, including the number of students who are
85	85	eligible for classes under Section 29.153;
86	86	(2) the numbers of half-day and full-day
87	87	prekindergarten classes offered by the district and campus;
88	88	(3) the sources of funding for the prekindergarten
89	89	classes;
90	90	(4) the class size and ratio of instructional staff to
91	91	students for each prekindergarten program class offered by the
92	92	district and campus;
93	93	(5) if the district elects to administer an assessment
94	94	instrument to students enrolled in district and campus
95	95	prekindergarten program classes, a description and the results of
96	96	each type of assessment instrument; and
97	97	(6) curricula used in the district's prekindergarten
98	98	program classes.
99	99	(e) The agency shall make the information required under
100	100	this section available and accessible to parents and the general
101	101	public.
102	102	SECTION 5. Chapter 29, Education Code, is amended by adding
103	103	Subchapter E-2 to read as follows:
104	104	SUBCHAPTER E-2. GOLD STANDARD PREKINDERGARTEN PROGRAM
105	105	Sec. 29.17401. DEFINITION. In this subchapter, "program"
106	106	means a gold standard prekindergarten program provided free of
107	107	tuition or fees in accordance with this subchapter.
108	108	Sec. 29.17402. GOLD STANDARD PREKINDERGARTEN PROGRAM. (a)
109	109	From funds appropriated for that purpose, the commissioner by rule
110	110	shall establish a funding program under which funds are awarded to
111	111	school districts and open-enrollment charter schools to implement a
112	112	full-day prekindergarten program under this subchapter for
113	113	children who are:
114	114	(1) eligible for classes under Section 29.153; and
115	115	(2) at least four years of age on September 1 of the
116	116	year the child begins the program.
117	117	(b) Before a school district may participate in the program,
118	118	the district must apply to the agency and the agency must approve
119	119	the district's application. The school district shall include in
120	120	the district's application:
121	121	(1) a design plan for implementation of the program;
122	122	(2) a professional development plan to improve the
123	123	instruction quality of teachers and teacher's aides; and
124	124	(3) any other information required by the
125	125	commissioner.
126	126	(c) A program is subject to any other requirements imposed
127	127	by law that apply to a prekindergarten program not provided in
128	128	accordance with this subchapter, except that to the extent a
129	129	conflict exists between this subchapter and any other provision of
130	130	law, this subchapter prevails.
131	131	Sec. 29.17403. GOLD STANDARD PROGRAM FUNDING. (a) In
132	132	addition to funding granted under Subsection (b), a school district
133	133	is eligible for half-day funding under the Foundation School
134	134	Program for students enrolled in a program class.
135	135	(b) A school district is entitled to receive a gold standard
136	136	prekindergarten program allotment under Section 42.160.
137	137	Sec. 29.17404. GOLD STANDARD CURRICULUM AND INSTRUCTION
138	138	STANDARDS. (a) The agency shall approve curricula to be used in a
139	139	prekindergarten program under this subchapter.
140	140	(b) A school district may select and implement a curriculum
141	141	for the program that the agency has approved. If the school district
142	142	does not select an approved curriculum for the program, the school
143	143	district must obtain agency approval for the selected curriculum
144	144	before the district implements the curriculum.
145	145	(c) The agency shall ensure that the curriculum implemented
146	146	in a program includes prekindergarten guidelines established by the
147	147	agency.
148	148	(d) Each program class must have at least one teacher
149	149	certified under Subchapter B, Chapter 21. A school district:
150	150	(1) may not enroll more than 25 students in a program
151	151	class; and
152	152	(2) must maintain an average ratio in a program class
153	153	of not less than one certified teacher or teacher's aide for each 10
154	154	students.
155	155	(e) A teacher's aide who is included in the required student
156	156	to instructor ratio under Subsection (d)(2):
157	157	(1) must have been awarded a Child Development
158	158	Associate (CDA) credential; or
159	159	(2) must:
160	160	(A) have at least four years of experience
161	161	working in early child development; and
162	162	(B) receive a Child Development Associate (CDA)
163	163	credential not later than the fourth anniversary of the date the
164	164	teacher's aide began working in a program class.
165	165	(f) The commissioner shall develop standards for
166	166	instructional coaching and clinical practice for teachers and
167	167	teacher's aides in the program that ensure continued improvement of
168	168	instruction quality.
169	169	Sec. 29.17405. PARENT ENGAGEMENT PLANS. A school district
170	170	shall:
171	171	(1) develop and implement a parent engagement plan to
172	172	assist the district in achieving and maintaining high levels of
173	173	parental involvement and positive parental attitudes toward
174	174	education; and
175	175	(2) assess parental involvement in the program and
176	176	parental attitude.
177	177	Sec. 29.17406. STUDENT ASSESSMENTS. (a) A school district
178	178	shall administer diagnostic assessments to students in the program
179	179	but may not administer a standardized assessment instrument. A
180	180	diagnostic assessment may not be the basis of class advancement,
181	181	teacher compensation, or district funding. A school district shall
182	182	report data from results of diagnostic assessments in accordance
183	183	with Section 29.1532(c).
184	184	(b) The agency shall approve diagnostic assessments for a
185	185	prekindergarten program under this subchapter. A school district
186	186	may select assessments for the program from among the approved
187	187	assessments. If the school district does not select an approved
188	188	assessment, the school district must obtain agency approval for the
189	189	assessment selected by the district before using the assessment.
190	190	Sec. 29.17407. PROGRAM ASSESSMENT. (a) The agency shall
191	191	assess the effectiveness of the program by comparing student-level
192	192	results of assessment instruments administered under Section
193	193	39.023(a) in the third and fourth grades of students who completed
194	194	the program against the results of the same assessment instruments
195	195	of students who did not complete the program.
196	196	(b) The agency shall develop and approve additional methods
197	197	by which a school district may assess the district's program
198	198	classes and instruction. The methods must be capable of measuring
199	199	or assessing interaction between teachers and students, coverage of
200	200	program curriculum, and other metrics required by commissioner
201	201	rule.
202	202	(c) A school district may select and implement appropriate
203	203	methods approved by the agency for assessing the district's program
204	204	classes. If the school district does not select an approved
205	205	assessment method, the school district must obtain agency approval
206	206	for the assessment method selected. A school district shall report
207	207	data from results of program assessments in accordance with Section
208	208	29.1532(c).
209	209	Sec. 29.17408. PROGRAM ACCOUNTABILITY. (a) The
210	210	commissioner shall establish benchmarks for the effectiveness of a
211	211	school district's program using student-level results collected
212	212	under Section 29.17407(a). The rules must require a district to
213	213	demonstrate high achievement or show substantial progress toward
214	214	high achievement with respect to the benchmarks to continue
215	215	operating the program.
216	216	(b) If a school district's program does not satisfy
217	217	benchmarks adopted under Subsection (a), the agency shall propose
218	218	changes for the district's program to assist the district in
219	219	satisfying the benchmarks. A district that implements proposed
220	220	changes is eligible to operate the program notwithstanding the
221	221	district's failure to satisfy benchmarks for the program. If a
222	222	district to which the agency has proposed changes fails to
223	223	implement the proposed changes, the district is ineligible to
224	224	receive funding under this subchapter.
225	225	Sec. 29.17409. CONTRACTS WITH PRIVATE PROVIDERS. A school
226	226	district participating in the program may enter into a contract
227	227	with eligible private providers to provide services or equipment
228	228	for the program.
229	229	Sec. 29.17410. ELIGIBLE PRIVATE PROVIDERS. To be eligible
230	230	to contract with a school district to provide a program or part of a
231	231	program, a private provider must be licensed by and in good standing
232	232	with the Department of Family and Protective Services. For
233	233	purposes of this section, a private provider is in good standing
234	234	with the Department of Family and Protective Services if the
235	235	department has not taken an action against the provider's license
236	236	under Section 42.071, 42.072, or 42.078, Human Resources Code,
237	237	during the 24-month period preceding the date of a contract with a
238	238	school district. The private provider must also be accredited by a
239	239	research-based, nationally recognized, and universally accessible
240	240	accreditation system approved by the commissioner.
241	241	Sec. 29.17411. WRITTEN CONTRACT REQUIRED. A school
242	242	district and a private provider contracting under this subchapter
243	243	shall enter a written contract governing the services to be
244	244	provided by the private provider, including the amount of funding
245	245	allocated by the school district to the private provider and the
246	246	number of students the private provider agrees to enroll. The
247	247	contract may provide that:
248	248	(1) the school district leases school facilities to or
249	249	from the private provider;
250	250	(2) the school district employs a certified teacher
251	251	for the prekindergarten class and the private provider supplies the
252	252	school facilities and all other personnel and supplies; or
253	253	(3) the private provider supplies the school
254	254	facilities, certified teachers, personnel, and supplies.
255	255	Sec. 29.17412. DISCRIMINATION BY PRIVATE PROVIDER
256	256	PROHIBITED. A private provider may not deny program services to a
257	257	student on the basis of the student's race, religion, sex,
258	258	ethnicity, national origin, or disability.
259	259	Sec. 29.17413. OVERSIGHT OF PRIVATE PROVIDERS. (a) A
260	260	school district that contracts with a private provider shall
261	261	monitor the private provider's compliance with the terms of the
262	262	contract.
263	263	(b) The commissioner shall monitor a private provider's
264	264	compliance with state laws and requirements for prekindergarten
265	265	programs.
266	266	Sec. 29.17414. RULES. The commissioner may adopt rules
267	267	necessary to implement this subchapter.
268	268	SECTION 6. Sections 29.918(a) and (b), Education Code, are
269	269	amended to read as follows:
270	270	(a) Notwithstanding Section [39.234 or] 42.152, a school
271	271	district or open-enrollment charter school with a high dropout
272	272	rate, as determined by the commissioner, must submit a plan to the
273	273	commissioner describing the manner in which the district or charter
274	274	school intends to use the compensatory education allotment under
275	275	Section 42.152 [and the high school allotment under Section 42.160]
276	276	for developing and implementing research-based strategies for
277	277	dropout prevention. The district or charter school shall submit
278	278	the plan not later than December 1 of each school year preceding the
279	279	school year in which the district or charter school will receive the
280	280	compensatory education allotment [or high school allotment] to
281	281	which the plan applies.
282	282	(b) A school district or open-enrollment charter school to
283	283	which this section applies may not spend or obligate more than 25
284	284	percent of the district's or charter school's compensatory
285	285	education allotment [or high school allotment] unless the
286	286	commissioner approves the plan submitted under Subsection
287	287	(a). The commissioner shall complete an initial review of the
288	288	district's or charter school's plan not later than March 1 of the
289	289	school year preceding the school year in which the district or
290	290	charter school will receive the compensatory education allotment
291	291	[or high school allotment] to which the plan applies.
292	292	SECTION 7. Section 39.0233(a), Education Code, is amended
293	293	to read as follows:
294	294	(a) The agency, in coordination with the Texas Higher
295	295	Education Coordinating Board, shall adopt a series of questions to
296	296	be included in an end-of-course assessment instrument administered
297	297	under Section 39.023(c) to be used for purposes of Section 51.3062.
298	298	The questions adopted under this subsection must be developed in a
299	299	manner consistent with any college readiness standards adopted
300	300	under Section [Sections 39.233 and] 51.3062.
301	301	SECTION 8. Section 42.003(b), Education Code, is amended to
302	302	read as follows:
303	303	(b) A student to whom Subsection (a) does not apply is
304	304	entitled to the benefits of the Foundation School Program if the
305	305	student is enrolled in a prekindergarten class under Section 29.153
306	306	or Subchapter E-1 or E-2, Chapter 29.
307	307	SECTION 9. The heading to Section 42.160, Education Code,
308	308	is amended to read as follows:
309	309	Sec. 42.160. GOLD STANDARD PREKINDERGARTEN PROGRAM [HIGH
310	310	SCHOOL] ALLOTMENT.
311	311	SECTION 10. Section 42.160(a), Education Code, is amended
312	312	to read as follows:
313	313	(a) A school district is entitled to an annual allotment
314	314	equal to the adjusted basic allotment multiplied by 0.5 [of $275]
315	315	for each student in average daily attendance in a gold standard
316	316	prekindergarten program under Subchapter E-2, Chapter 29, [grades 9
317	317	through 12] in the district.
318	318	SECTION 11. Section 42.302(a), Education Code, is amended
319	319	to read as follows:
320	320	(a) Each school district is guaranteed a specified amount
321	321	per weighted student in state and local funds for each cent of tax
322	322	effort over that required for the district's local fund assignment
323	323	up to the maximum level specified in this subchapter. The amount
324	324	of state support, subject only to the maximum amount under Section
325	325	42.303, is determined by the formula:
326	326	GYA = (GL X WADA X DTR X 100) - LR
327	327	where:
328	328	"GYA" is the guaranteed yield amount of state funds to be
329	329	allocated to the district;
330	330	"GL" is the dollar amount guaranteed level of state and local
331	331	funds per weighted student per cent of tax effort, which is an
332	332	amount described by Subsection (a-1) or a greater amount for any
333	333	year provided by appropriation;
334	334	"WADA" is the number of students in weighted average daily
335	335	attendance, which is calculated by dividing the sum of the school
336	336	district's allotments under Subchapters B and C, less any allotment
337	337	to the district for transportation, any allotment under Section
338	338	42.158 [or 42.160], and 50 percent of the adjustment under Section
339	339	42.102, by the basic allotment for the applicable year;
340	340	"DTR" is the district enrichment tax rate of the school
341	341	district, which is determined by subtracting the amounts specified
342	342	by Subsection (b) from the total amount of maintenance and
343	343	operations taxes collected by the school district for the
344	344	applicable school year and dividing the difference by the quotient
345	345	of the district's taxable value of property as determined under
346	346	Subchapter M, Chapter 403, Government Code, or, if applicable,
347	347	under Section 42.2521, divided by 100; and
348	348	"LR" is the local revenue, which is determined by multiplying
349	349	"DTR" by the quotient of the district's taxable value of property as
350	350	determined under Subchapter M, Chapter 403, Government Code, or, if
351	351	applicable, under Section 42.2521, divided by 100.
352	352	SECTION 12. The following provisions of the Education Code
353	353	are repealed:
354	354	(1) Section 29.097(g);
355	355	(2) Section 29.098(e);
356	356	(3) Section 39.233;
357	357	(4) Section 39.234; and
358	358	(5) Sections 42.160(b), (c), and (d).
359	359	SECTION 13. This Act applies beginning with the 2017-2018
360	360	school year.
361	361	SECTION 14. This Act takes effect immediately if it
362	362	receives a vote of two-thirds of all the members elected to each
363	363	house, as provided by Section 39, Article III, Texas Constitution.
364	364	If this Act does not receive the vote necessary for immediate
365	365	effect, this Act takes effect September 1, 2017.