4 | 13 | | AN ACT |
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5 | 14 | | relating to the powers and duties of the Texas Workforce Commission |
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6 | 15 | | and local workforce development boards regarding the provision of |
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7 | 16 | | child care and the subsidized child care program. |
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8 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 18 | | SECTION 1. Section 2308.3155, Government Code, is amended |
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10 | 19 | | by amending Subsection (a) and adding Subsections (b-1) and (b-2) |
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11 | 20 | | to read as follows: |
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12 | 21 | | (a) The Texas Rising Star Program is a [voluntary,] |
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13 | 22 | | quality-based child care rating system of child care providers |
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14 | 23 | | participating in the commission's subsidized child care program. |
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15 | 24 | | (b-1) The rating system adopted under Subsection (b) must |
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16 | 25 | | include an entry level rating for child care providers and a maximum |
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17 | 26 | | length of time a provider may participate at the entry level rating. |
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18 | 27 | | To qualify for the entry level rating a child care provider must |
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19 | 28 | | meet the minimum quality standards that qualify the provider to |
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20 | 29 | | receive technical assistance and support under the Texas Rising |
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21 | 30 | | Star Program. A provider participating at the entry level rating is |
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22 | 31 | | not eligible for increased reimbursement rates. |
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23 | 32 | | (b-2) The commission shall develop a process to allow a |
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24 | 33 | | child care provider to request a waiver to extend the length of time |
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25 | 34 | | the provider may participate at the entry level rating described by |
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26 | 35 | | Subsection (b-1). The waiver authorized by this subsection may not |
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27 | 36 | | exceed 36 months. |
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28 | 37 | | SECTION 2. Sections 302.0042(b) and (c), Labor Code, are |
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29 | 38 | | amended to read as follows: |
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30 | 39 | | (b) The commission's evaluation must assess: |
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31 | 40 | | (1) the use of current federal child care funds by each |
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32 | 41 | | local workforce development board; |
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33 | 42 | | (2) the ability of each local workforce development |
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34 | 43 | | board to meet child care performance measures; |
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35 | 44 | | (3) the average cost of child care in each local |
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36 | 45 | | workforce development area; |
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37 | 46 | | (4) the average monthly price charged by child care |
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38 | 47 | | providers for full-day child care in each local workforce |
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39 | 48 | | development area as stated in the market rate survey conducted |
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40 | 49 | | under 45 C.F.R. Section 98.45(c); |
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41 | 50 | | (5) the average monthly price charged by quality child |
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42 | 51 | | care providers for full-day child care in each local workforce |
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43 | 52 | | development area; |
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44 | 53 | | (6) the poverty rate of each local workforce |
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45 | 54 | | development area compared to the state's poverty rate; |
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46 | 55 | | (7) the number of children on waiting lists for child |
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47 | 56 | | care in each local workforce development area; |
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48 | 57 | | (8) the number of places that are reserved by each |
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49 | 58 | | local workforce development board in contracts authorized under |
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50 | 59 | | Section 302.0461 for participants in the child-care subsidy program |
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51 | 60 | | out of the total number of children enrolled with a provider on a |
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52 | 61 | | full-time basis categorized by age of the child for each provider in |
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53 | 62 | | each local workforce development area that is certified as a |
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54 | 63 | | 2-star, 3-star, or 4-star provider in the Texas Rising Star Program |
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55 | 64 | | or that does not participate in the Texas Rising Star Program; |
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56 | 65 | | (9) the total number of child care providers |
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57 | 66 | | participating in the Texas Rising Star Program in each local |
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58 | 67 | | workforce development area and the number of 2-star, 3-star, and |
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59 | 68 | | 4-star rated child care providers in the local workforce |
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60 | 69 | | development area; |
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61 | 70 | | (10) the number of child care providers participating |
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62 | 71 | | in the Texas Rising Star Program in each local workforce |
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63 | 72 | | development area as a percentage of the total number of both |
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64 | 73 | | subsidized child care providers and all child care providers in the |
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65 | 74 | | local workforce development area; |
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66 | 75 | | (11) the number of 2-star, 3-star, and 4-star rated |
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67 | 76 | | child care providers in the local workforce development area as a |
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68 | 77 | | percentage of the total number of both subsidized child care |
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69 | 78 | | providers and all child care providers in the local workforce |
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70 | 79 | | development area; |
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71 | 80 | | (12) the total number of children enrolled in |
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72 | 81 | | subsidized child care providers participating in the Texas Rising |
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73 | 82 | | Star Program in each local workforce development area and the |
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74 | 83 | | number of subsidized children enrolled in 2-star, 3-star, and |
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75 | 84 | | 4-star rated child care providers in the local workforce |
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76 | 85 | | development area; [and] |
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77 | 86 | | (13) the number of subsidized children enrolled in |
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78 | 87 | | child care providers participating in the Texas Rising Star Program |
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79 | 88 | | in each local workforce development area as a percentage of the |
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80 | 89 | | total number of subsidized children enrolled in child care |
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81 | 90 | | providers in the local workforce development area and the number of |
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82 | 91 | | subsidized children enrolled in 2-star, 3-star, and 4-star rated |
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83 | 92 | | child care providers in the local workforce development area as a |
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84 | 93 | | percentage of the total number of subsidized children enrolled in |
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85 | 94 | | child care providers in the local workforce development area; and |
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86 | 95 | | (14) the number of 3-star and 4-star rated child care |
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87 | 96 | | providers participating in partnerships with public school |
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88 | 97 | | districts and public charter schools based on data provided by the |
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89 | 98 | | Texas Education Agency, as necessary. |
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90 | 99 | | (c) For the purposes of evaluation under this section, the |
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91 | 100 | | commission shall annually update the information described by |
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92 | 101 | | Subsections (b)(7)-(14) [(b)(7)-(13)]. |
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93 | 102 | | SECTION 3. Subchapter A, Chapter 302, Labor Code, is |
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94 | 103 | | amended by adding Section 302.00436 to read as follows: |
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95 | 104 | | Sec. 302.00436. SUBSIDIZED CHILD CARE PROGRAM: INFORMATION |
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96 | 105 | | FOR PUBLIC SCHOOLS. Each local workforce development board shall |
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97 | 106 | | inform the local school districts and open-enrollment charter |
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98 | 107 | | schools in the workforce development area regarding opportunities |
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99 | 108 | | to partner with child-care providers in the board's area to expand |
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100 | 109 | | access to and provide facilities for prekindergarten programs. |
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101 | 110 | | SECTION 4. Section 302.0461(d), Labor Code, is amended to |
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102 | 111 | | read as follows: |
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103 | 112 | | (d) The commission shall determine the information that |
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104 | 113 | | must be included in the report required by Subsection (c). A local |
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105 | 114 | | workforce development board shall update the report required by |
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106 | 115 | | Subsection (c) every 12 [six] months from the date the board submits |
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107 | 116 | | its initial report to the commission. |
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108 | 117 | | SECTION 5. The Texas Workforce Commission and local |
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109 | 118 | | workforce development boards are required to implement a provision |
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110 | 119 | | of this Act only if federal money is available for that purpose and |
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111 | 120 | | using the federal money for that purpose would not result in |
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112 | 121 | | supplanting or decreasing existing funding for programs currently |
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113 | 122 | | funded by the Texas Workforce Commission using available federal |
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114 | 123 | | money under the Child Care Development Block Grant. If the state |
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115 | 124 | | does not receive sufficient additional federal money under the |
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116 | 125 | | Child Care Development Block Grant or other federal money to |
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117 | 126 | | implement a provision of this Act, the commission and the boards |
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118 | 127 | | may, but are not required to, implement a provision of this Act |
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119 | 128 | | using other appropriations available for that purpose. |
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120 | 129 | | SECTION 6. This Act takes effect September 1, 2021. |
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