Texas 2021 - 87th Regular

Texas Senate Bill SB37 Compare Versions

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11 87R1724 CAE-D
22 By: Zaffirini S.B. No. 37
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to providing free full-day prekindergarten for certain
88 children.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 29.153(a-1), (b), (c), (d), and (f),
1111 Education Code, are amended to read as follows:
1212 (a-1) A district shall offer prekindergarten classes to any
1313 child [if the district identifies 15 or more children] who is [are
1414 eligible under Subsection (b) and are] at least four years of age.
1515 A school district may offer prekindergarten classes if the district
1616 identifies 15 or more [eligible] children who are eligible under
1717 Subsection (b)(1) [at least three years of age]. A district may not
1818 charge tuition for a prekindergarten class offered under this
1919 section.
2020 (b) A child is eligible for enrollment in a prekindergarten
2121 class under this section if the child is:
2222 (1) at least three years of age and:
2323 (A) [(1)] is unable to speak and comprehend the
2424 English language;
2525 (B) [(2)] is educationally disadvantaged;
2626 (C) [(3)] is homeless, regardless of the
2727 residence of the child, of either parent of the child, or of the
2828 child's guardian or other person having lawful control of the
2929 child;
3030 (D) [(4)] is the child of an active duty member
3131 of the armed forces of the United States, including the state
3232 military forces or a reserve component of the armed forces, who is
3333 ordered to active duty by proper authority;
3434 (E) [(5)] is the child of a member of the armed
3535 forces of the United States, including the state military forces or
3636 a reserve component of the armed forces, who was injured or killed
3737 while serving on active duty;
3838 (F) [(6)] is or ever has been in the
3939 conservatorship of the Department of Family and Protective Services
4040 following an adversary hearing held as provided by Section 262.201,
4141 Family Code; or
4242 (G) [(7)] is the child of a person eligible for
4343 the Star of Texas Award as:
4444 (i) [(A)] a peace officer under Section
4545 3106.002, Government Code;
4646 (ii) [(B)] a firefighter under Section
4747 3106.003, Government Code; or
4848 (iii) [(C)] an emergency medical first
4949 responder under Section 3106.004, Government Code; or
5050 (2) at least four years of age.
5151 (c) A prekindergarten class under this section [may be
5252 operated on a half-day basis for children under four years of age
5353 and] shall be operated on a full-day basis [for children who are at
5454 least four years of age]. A district is not required to provide
5555 transportation for a prekindergarten class, but transportation, if
5656 provided, is included for funding purposes as part of the regular
5757 transportation system.
5858 (d) Subject to Subsections (d-1) and (d-2), on application
5959 of a district, the commissioner shall exempt a district from the
6060 application of all or any part of this section, including all or any
6161 part of Subchapter E-1 for a prekindergarten class described by
6262 Subsection (c-1), if the commissioner determines that[:
6363 [(1)] the district would be required to construct
6464 classroom facilities in order to provide prekindergarten classes[;
6565 or
6666 [(2) implementing any part of this section would
6767 result in fewer eligible children being enrolled in a
6868 prekindergarten class under this section].
6969 (f) A child who is eligible for enrollment in a
7070 prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or
7171 (5)] remains eligible for enrollment if the child's parent leaves
7272 the armed forces, or is no longer on active duty, after the child
7373 begins a prekindergarten class.
7474 SECTION 2. Section 29.1531(a), Education Code, is amended
7575 to read as follows:
7676 (a) A school district may offer on a tuition basis or use
7777 district funds to provide[:
7878 [(1) an additional half-day of prekindergarten
7979 classes to children who are eligible for classes under Section
8080 29.153 and are under four years of age; and
8181 [(2)] half-day and full-day prekindergarten classes
8282 to children not eligible for classes under Section 29.153.
8383 SECTION 3. Section 29.1532(c), Education Code, is amended
8484 to read as follows:
8585 (c) A school district that offers prekindergarten classes
8686 shall include the following information in the district's Public
8787 Education Information Management System (PEIMS) report:
8888 (1) demographic information, as determined by the
8989 commissioner, on students enrolled in district and campus
9090 prekindergarten classes, including the number of students who are
9191 eligible for classes under Section 29.153(b)(1) and (f) [29.153];
9292 (2) the numbers of half-day and full-day
9393 prekindergarten classes offered by the district and campus;
9494 (3) the number of half-day prekindergarten classes for
9595 which the district has received an exemption from full-day
9696 operation under Section 29.153(d);
9797 (4) the sources of funding for the prekindergarten
9898 classes;
9999 (5) the class size and ratio of instructional staff to
100100 students for each prekindergarten program class offered by the
101101 district and campus;
102102 (6) if the district elects to administer an assessment
103103 instrument under Section 29.169 to students enrolled in district
104104 and campus prekindergarten program classes, a description and the
105105 results of each type of assessment instrument; and
106106 (7) curricula used in the district's prekindergarten
107107 program classes.
108108 SECTION 4. This Act applies beginning with the 2021-2022
109109 school year.
110110 SECTION 5. This Act takes effect immediately if it receives
111111 a vote of two-thirds of all the members elected to each house, as
112112 provided by Section 39, Article III, Texas Constitution. If this
113113 Act does not receive the vote necessary for immediate effect, this
114114 Act takes effect September 1, 2021.