87R8094 MWC-F
By: Talarico H.B. No. 4105
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of the children of certain essential
employees for free prekindergarten programs in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 29.153(b) and (f), Education Code, are
amended to read as follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is homeless, 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;
(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;
(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;
(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]
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code; or
(8) is the child of a person who is employed by a state
or local governmental entity or a private business entity in a
position determined by the agency to be essential to the response to
or recovery from an event declared to be a disaster by the president
of the United States under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.) or the
governor under Chapter 418, Government Code.
(f) A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(4), [or] (5), or (8)
remains eligible for enrollment after the child begins a
prekindergarten class if, as applicable:
(1) the child's parent:
(A) leaves the armed forces; or
(B) [, or] is no longer on active duty; or
(2) the declaration of disaster under Subsection
(b)(8) expires or the state or local governmental entity or private
business entity in which the child's parent is employed is
determined to no longer be essential to the response to or recovery
from the disaster [, after the child begins a prekindergarten
class].
SECTION 2. This Act applies beginning with the 2021-2022
school year.
SECTION 3. 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, 2021.