85R5941 MEW-D
By: Johnson of Dallas H.B. No. 2282
A BILL TO BE ENTITLED
AN ACT
relating to a gold standard full-day prekindergarten program
provided by public school districts and the elimination of the high
school allotment under the Foundation School Program.
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, or E-2, 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;
(N) intensive programs of instruction under
Section 28.0213; and
(O) the right of a school employee to report a
crime, as provided by Section 37.148.
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 or E-2, Chapter 29, is
entitled to the benefits of the available school fund.
SECTION 3. Section 29.153, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) A prekindergarten class under this section shall be
operated on a half-day basis, unless the school district chooses to
operate gold standard prekindergarten classes on a full-day basis
in accordance with Subchapter E-2. A school district is eligible
for funding under the Foundation School Program for students
enrolled in a gold standard prekindergarten class as provided by
Section 29.17403.
(c-1) 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 4. Section 29.1532, Education Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) A school district that offers prekindergarten classes,
including a high quality prekindergarten program class under
Subchapter E-1 or a gold standard prekindergarten program class
under Subchapter E-2, 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 and campus
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 campus;
(3) the sources of funding for the prekindergarten
classes;
(4) the class size and ratio of instructional staff to
students for each prekindergarten program class offered by the
district and campus;
(5) if the district elects to administer an assessment
instrument to students enrolled in district and campus
prekindergarten program classes, a description and the results of
each type of assessment instrument; and
(6) curricula used in the district's prekindergarten
program classes.
(e) The agency shall make the information required under
this section available and accessible to parents and the general
public.
SECTION 5. Chapter 29, Education Code, is amended by adding
Subchapter E-2 to read as follows:
SUBCHAPTER E-2. GOLD STANDARD PREKINDERGARTEN PROGRAM
Sec. 29.17401. DEFINITION. In this subchapter, "program"
means a gold standard prekindergarten program provided free of
tuition or fees in accordance with this subchapter.
Sec. 29.17402. GOLD STANDARD 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
full-day prekindergarten program under this subchapter for
children who are:
(1) eligible for classes under Section 29.153; and
(2) at least four years of age on September 1 of the
year the child begins the program.
(b) Before a school district may participate in the program,
the district must apply to the agency and the agency must approve
the district's application. The school district shall include in
the district's application:
(1) a design plan for implementation of the program;
(2) a professional development plan to improve the
instruction quality of teachers and teacher's aides; and
(3) any other information required by the
commissioner.
(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. 29.17403. GOLD STANDARD 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 a gold standard
prekindergarten program allotment under Section 42.160.
Sec. 29.17404. GOLD STANDARD CURRICULUM AND INSTRUCTION
STANDARDS. (a) The agency shall approve curricula to be used in a
prekindergarten program under this subchapter.
(b) A school district may select and implement a curriculum
for the program that the agency has approved. If the school district
does not select an approved curriculum for the program, the school
district must obtain agency approval for the selected curriculum
before the district implements the curriculum.
(c) The agency shall ensure that the curriculum implemented
in a program includes prekindergarten guidelines established by the
agency.
(d) Each program class must have at least one teacher
certified under Subchapter B, Chapter 21. A school district:
(1) may not enroll more than 25 students in a program
class; and
(2) must maintain an average ratio in a program class
of not less than one certified teacher or teacher's aide for each 10
students.
(e) A teacher's aide who is included in the required student
to instructor ratio under Subsection (d)(2):
(1) must have been awarded a Child Development
Associate (CDA) credential; or
(2) must:
(A) have at least four years of experience
working in early child development; and
(B) receive a Child Development Associate (CDA)
credential not later than the fourth anniversary of the date the
teacher's aide began working in a program class.
(f) The commissioner shall develop standards for
instructional coaching and clinical practice for teachers and
teacher's aides in the program that ensure continued improvement of
instruction quality.
Sec. 29.17405. PARENT ENGAGEMENT PLANS. A school district
shall:
(1) 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; and
(2) assess parental involvement in the program and
parental attitude.
Sec. 29.17406. STUDENT ASSESSMENTS. (a) A school district
shall administer diagnostic assessments to students in the program
but may not administer a standardized assessment instrument. A
diagnostic assessment may not be the basis of class advancement,
teacher compensation, or district funding. A school district shall
report data from results of diagnostic assessments in accordance
with Section 29.1532(c).
(b) The agency shall approve diagnostic assessments for a
prekindergarten program under this subchapter. A school district
may select assessments for the program from among the approved
assessments. If the school district does not select an approved
assessment, the school district must obtain agency approval for the
assessment selected by the district before using the assessment.
Sec. 29.17407. PROGRAM ASSESSMENT. (a) The agency shall
assess the effectiveness of the program by comparing student-level
results of assessment instruments administered under Section
39.023(a) in the third and fourth grades of students who completed
the program against the results of the same assessment instruments
of students who did not complete the program.
(b) The agency shall develop and approve additional methods
by which a school district may assess the district's program
classes and instruction. The methods must be capable of measuring
or assessing interaction between teachers and students, coverage of
program curriculum, and other metrics required by commissioner
rule.
(c) A school district may select and implement appropriate
methods approved by the agency for assessing the district's program
classes. If the school district does not select an approved
assessment method, the school district must obtain agency approval
for the assessment method selected. A school district shall report
data from results of program assessments in accordance with Section
29.1532(c).
Sec. 29.17408. PROGRAM ACCOUNTABILITY. (a) The
commissioner shall establish benchmarks for the effectiveness of a
school district's program using student-level results collected
under Section 29.17407(a). The rules must require a district to
demonstrate high achievement or show substantial progress toward
high achievement with respect to the benchmarks to continue
operating the program.
(b) If a school district's program does not satisfy
benchmarks adopted under Subsection (a), the agency shall propose
changes for the district's program to assist the district in
satisfying the benchmarks. A district that implements proposed
changes is eligible to operate the program notwithstanding the
district's failure to satisfy benchmarks for the program. If a
district to which the agency has proposed changes fails to
implement the proposed changes, the district is ineligible to
receive funding under this subchapter.
Sec. 29.17409. CONTRACTS WITH PRIVATE PROVIDERS. A school
district participating in the program may enter into a contract
with eligible private providers to provide services or equipment
for the program.
Sec. 29.17410. ELIGIBLE PRIVATE PROVIDERS. To be eligible
to contract with a school district to provide a program or part of a
program, a private provider must be licensed by and in good standing
with the Department of Family and Protective Services. For
purposes of this section, a private provider is in good standing
with the Department of Family and Protective Services if the
department has not taken an action against the provider's license
under Section 42.071, 42.072, or 42.078, Human Resources Code,
during the 24-month period preceding the date of a contract with a
school district. The private provider must also be accredited by a
research-based, nationally recognized, and universally accessible
accreditation system approved by the commissioner.
Sec. 29.17411. WRITTEN CONTRACT REQUIRED. A school
district and a private provider contracting under this subchapter
shall enter a written contract governing the services to be
provided by the private provider, including the amount of funding
allocated by the school district to the private provider and the
number of students the private provider agrees to enroll. The
contract may provide that:
(1) the school district leases school facilities to or
from the private provider;
(2) the school district employs a certified teacher
for the prekindergarten class and the private provider supplies the
school facilities and all other personnel and supplies; or
(3) the private provider supplies the school
facilities, certified teachers, personnel, and supplies.
Sec. 29.17412. DISCRIMINATION BY PRIVATE PROVIDER
PROHIBITED. A private provider may not deny program services to a
student on the basis of the student's race, religion, sex,
ethnicity, national origin, or disability.
Sec. 29.17413. OVERSIGHT OF PRIVATE PROVIDERS. (a) A
school district that contracts with a private provider shall
monitor the private provider's compliance with the terms of the
contract.
(b) The commissioner shall monitor a private provider's
compliance with state laws and requirements for prekindergarten
programs.
Sec. 29.17414. RULES. The commissioner may adopt rules
necessary to implement this subchapter.
SECTION 6. Sections 29.918(a) and (b), Education Code, are
amended to read as follows:
(a) Notwithstanding Section [39.234 or] 42.152, a school
district or open-enrollment charter school with a high dropout
rate, as determined by the commissioner, must submit a plan to the
commissioner describing the manner in which the district or charter
school intends to use the compensatory education allotment under
Section 42.152 [and the high school allotment under Section 42.160]
for developing and implementing research-based strategies for
dropout prevention. The district or charter school shall submit
the plan not later than December 1 of each school year preceding the
school year in which the district or charter school will receive the
compensatory education allotment [or high school allotment] to
which the plan applies.
(b) A school district or open-enrollment charter school to
which this section applies may not spend or obligate more than 25
percent of the district's or charter school's compensatory
education allotment [or high school allotment] unless the
commissioner approves the plan submitted under Subsection
(a). The commissioner shall complete an initial review of the
district's or charter school's plan not later than March 1 of the
school year preceding the school year in which the district or
charter school will receive the compensatory education allotment
[or high school allotment] to which the plan applies.
SECTION 7. Section 39.0233(a), Education Code, is amended
to read as follows:
(a) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Section 39.023(c) to be used for purposes of Section 51.3062.
The questions adopted under this subsection must be developed in a
manner consistent with any college readiness standards adopted
under Section [Sections 39.233 and] 51.3062.
SECTION 8. 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 or E-2, Chapter 29.
SECTION 9. The heading to Section 42.160, Education Code,
is amended to read as follows:
Sec. 42.160. GOLD STANDARD PREKINDERGARTEN PROGRAM [HIGH
SCHOOL] ALLOTMENT.
SECTION 10. Section 42.160(a), Education Code, is amended
to read as follows:
(a) A school district is entitled to an annual allotment
equal to the adjusted basic allotment multiplied by 0.5 [of $275]
for each student in average daily attendance in a gold standard
prekindergarten program under Subchapter E-2, Chapter 29, [grades 9
through 12] in the district.
SECTION 11. Section 42.302(a), Education Code, is amended
to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount
of state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158 [or 42.160], and 50 percent of the adjustment under Section
42.102, by the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 12. The following provisions of the Education Code
are repealed:
(1) Section 29.097(g);
(2) Section 29.098(e);
(3) Section 39.233;
(4) Section 39.234; and
(5) Sections 42.160(b), (c), and (d).
SECTION 13. This Act applies beginning with the 2017-2018
school year.
SECTION 14. 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, 2017.