| 1 | 1 | | 85S10693 KKA-F |
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| 2 | 2 | | By: Giddings H.B. No. 140 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to calculation of average daily attendance for school |
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| 8 | 8 | | districts providing certain full-day prekindergarten programs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 42.005, Education Code, is amended by |
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| 11 | 11 | | adding Subsection (a-3) to read as follows: |
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| 12 | 12 | | (a-3) Notwithstanding Section 29.153(c), in computing the |
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| 13 | 13 | | sum of attendance under Subsection (a) for a school year, a school |
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| 14 | 14 | | district may include full days of attendance for each |
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| 15 | 15 | | prekindergarten student who attends a full-day prekindergarten |
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| 16 | 16 | | program offered by the district, provided that: |
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| 17 | 17 | | (1) the student is eligible for prekindergarten under |
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| 18 | 18 | | Section 29.153; |
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| 19 | 19 | | (2) the district does not charge tuition for the |
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| 20 | 20 | | student's enrollment in the program; and |
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| 21 | 21 | | (3) the program complies with the requirements |
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| 22 | 22 | | regarding high quality specified in Subchapter E-1, Chapter 29. |
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| 23 | 23 | | SECTION 2. Section 42.005(i), Education Code, as added by |
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| 24 | 24 | | H.B. 2442, Acts of the 85th Legislature, Regular Session, 2017, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (i) A district or charter school operating under Chapter 12 |
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| 27 | 27 | | that operates a prekindergarten program is eligible to receive |
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| 28 | 28 | | one-half of average daily attendance under Subsection (a) if the |
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| 29 | 29 | | district's or charter school's prekindergarten program provides at |
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| 30 | 30 | | least 32,400 minutes of instructional time to students. The |
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| 31 | 31 | | commissioner by rule may specify the minutes of instructional time |
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| 32 | 32 | | that must be provided to students for a district or charter school |
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| 33 | 33 | | to receive full average daily attendance under Subsection (a) for a |
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| 34 | 34 | | full-day prekindergarten program, as authorized by Subsection |
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| 35 | 35 | | (a-3). |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2017, if this |
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| 37 | 37 | | Act receives a vote of two-thirds of all the members elected to each |
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| 38 | 38 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 39 | 39 | | If this Act does not receive the vote necessary to take effect |
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| 40 | 40 | | September 1, 2017, this Act takes effect on the 91st day after the |
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| 41 | 41 | | last day of the legislative session. |
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