| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to before-school and after-school programs established by |
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| 10 | 8 | | public school districts. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Subchapter Z, Chapter 33, Education Code, is |
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| 13 | 11 | | amended by adding Section 33.9031 to read as follows: |
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| 14 | 12 | | Sec. 33.9031. BEFORE-SCHOOL AND AFTER-SCHOOL PROGRAMS. (a) |
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| 15 | 13 | | The board of trustees of a school district may establish |
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| 16 | 14 | | before-school or after-school programs for students enrolled in |
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| 17 | 15 | | elementary or middle school grades. A program established under |
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| 18 | 16 | | this section may operate before, after, or before and after school |
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| 19 | 17 | | hours. |
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| 20 | 18 | | (b) A student is eligible to participate in a school |
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| 21 | 19 | | district's before-school or after-school program if the student: |
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| 22 | 20 | | (1) is enrolled in a public or private school; or |
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| 23 | 21 | | (2) resides within the boundaries of the school |
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| 24 | 22 | | district. |
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| 25 | | - | (c) A school district shall conduct a request for proposals |
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| 26 | | - | procurement process to enable the district to determine if |
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| 27 | | - | contracting with a child-care facility that provides a |
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| 28 | | - | before-school or after-school program, as defined by Section |
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| 29 | | - | 42.002, Human Resources Code, to provide the district's |
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| 30 | | - | before-school or after-school program would serve the district's |
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| 31 | | - | best interests. Following the request for proposals procurement |
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| 32 | | - | process, the district may enter into a contract with a child-care |
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| 33 | | - | facility or implement a before-school or after-school program |
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| 34 | | - | operated by the district. If the district enters into a contract |
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| 35 | | - | with a child-care facility, the contract must comply with the |
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| 36 | | - | requirements of Section 44.031 and may not exceed a term of three |
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| 37 | | - | years. |
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| 38 | | - | (d) The board of trustees of a school district may adopt |
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| 23 | + | (c) A school district may not use state or local funds |
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| 24 | + | appropriated to the district for educational purposes to support a |
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| 25 | + | before-school or after-school program established under this |
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| 26 | + | section. |
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| 27 | + | (d) A school district may contract with a licensed |
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| 28 | + | child-care facility that provides a before-school or after-school |
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| 29 | + | program, as defined by Section 42.002, Human Resources Code, to |
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| 30 | + | provide the district's before-school or after-school program. |
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| 31 | + | (e) The board of trustees of a school district may adopt |
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| 39 | 32 | | rules in accordance with Section 11.165 to provide access to school |
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| 40 | 33 | | campuses before or after school hours for the purpose of providing a |
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| 41 | 34 | | before-school or after-school program. |
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| 42 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 39 | | Act takes effect September 1, 2017. |
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