86R12651 CAE-F
By: Meyer H.B. No. 4333
A BILL TO BE ENTITLED
AN ACT
relating to providing free full-day prekindergarten for certain
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 29.153(a-1), (b), (c), and (f),
Education Code, are amended to read as follows:
(a-1) A district shall offer prekindergarten classes to any
child [if the district identifies 15 or more children] who is [are
eligible under Subsection (b) and are] at least four years of age.
A school district may offer prekindergarten classes if the district
identifies 15 or more [eligible] children who are eligible under
Subsection (b)(1) [at least three years of age]. A district may not
charge tuition for a prekindergarten class offered under this
section.
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is:
(1) at least three years of age and:
(A) [(1)] is unable to speak and comprehend the
English language;
(B) [(2)] is educationally disadvantaged;
(C) [(3)] is a homeless child, as defined by 42
U.S.C. Section 11434a, regardless of the residence of the child, of
either parent of the child, or of the child's guardian or other
person having lawful control of the child;
(D) [(4)] is the child of an active duty member
of the armed forces of the United States, including the state
military forces or a reserve component of the armed forces, who is
ordered to active duty by proper authority;
(E) [(5)] is the child of a member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who was injured or killed
while serving on active duty;
(F) [(6)] is or ever has been in the
conservatorship of the Department of Family and Protective Services
following an adversary hearing held as provided by Section 262.201,
Family Code; or
(G) [(7)] is the child of a person eligible for
the Star of Texas Award as:
(i) [(A)] a peace officer under Section
3106.002, Government Code;
(ii) [(B)] a firefighter under Section
3106.003, Government Code; or
(iii) [(C)] an emergency medical first
responder under Section 3106.004, Government Code; or
(2) at least four years of age.
(c) A prekindergarten class under this section shall be
operated on a full-day [half-day] basis. 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.
(f) A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or
(5)] remains eligible for enrollment if the child's parent leaves
the armed forces, or is no longer on active duty, after the child
begins a prekindergarten class.
SECTION 2. Section 29.1531(a), Education Code, is amended
to read as follows:
(a) A school district may offer on a tuition basis or use
district funds to provide[:
[(1) an additional half-day of prekindergarten
classes to children eligible for classes under Section 29.153; and
[(2)] half-day and full-day prekindergarten classes
to children not eligible for classes under Section 29.153.
SECTION 3. Section 29.1532(c), Education Code, is amended
to read as follows:
(c) A school district that offers prekindergarten classes,
including a high quality prekindergarten program class under
Subchapter E-1, 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 prekindergarten 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.
SECTION 4. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1536 to read as follows:
Sec. 29.1536. ELIGIBLE PRIVATE PROVIDERS. (a) A school
district may enter into a contract with an eligible private
provider to provide services or equipment for or to establish a
prekindergarten program.
(b) 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:
(1) be accredited by a research-based, nationally
recognized, and universally accessible accreditation system
approved by the commissioner;
(2) be a Texas Rising Star Program provider with a
three-star certification or higher;
(3) be a Texas School Ready! participant;
(4) have an existing partnership with a school
district to provide a prekindergarten program not provided under
this subchapter; or
(5) be accredited by an organization that is
recognized by the Texas Private School Accreditation Commission.
(c) A prekindergarten program provided by a private
provider under this section is subject to the requirements of this
subchapter.
SECTION 5. Sections 29.166(a) and (c), Education Code, are
amended to read as follows:
(a) A school district is eligible for full-day [half-day]
funding under the Foundation School Program for each student who
satisfies eligibility requirements under Section 29.153(b) and who
is enrolled in a program class.
(c) A student qualifies for additional funding under
Subsection (b) if the student[:
[(1) satisfies eligibility requirements under Section
29.153(b); and
[(2)] is four years of age on September 1 of the year
the student begins the program.
SECTION 6. Section 29.153(d), Education Code, is repealed.
SECTION 7. This Act applies beginning with the 2019-2020
school year.
SECTION 8. 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, 2019.