88R22296 CXP-F
By: Dutton H.B. No. 2923
Substitute the following for H.B. No. 2923:
By: Buckley C.S.H.B. No. 2923
A BILL TO BE ENTITLED
AN ACT
relating to the operation of free prekindergarten programs by
certain school districts and to the early education allotment under
the Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.153, Education Code, is amended by
adding Subsections (d-3), (d-4), and (d-5) to read as follows:
(d-3) A school district shall contract with a
community-based child-care provider described by Subsection (g) to
provide a prekindergarten class required under this section if the
commissioner determines that:
(1) a district election for the purpose of issuing
bonds for the construction or repurposing of a classroom facility
to provide the prekindergarten class has failed in the 24 months
preceding the determination; or
(2) the district is unable to adequately staff the
prekindergarten class.
(d-4) The commissioner may waive the requirement under
Subsection (d-3) if the commissioner determines that a
community-based child-care provider described by Subsection (g) is
not located in the boundaries of the district.
(d-5) Notwithstanding any other provision of this chapter,
the commissioner shall interpret Subsection (d-3) to the broadest
extent possible to encourage partnerships between school districts
and community-based child-care providers described by Subsection
(g).
SECTION 2. Section 48.108, Education Code, is amended by
adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as
follows:
(a-1) In addition to the allotment under Subsection (a) and
subject to Subsection (a-2), a school district is entitled to an
annual allotment equal to the basic allotment multiplied by 0.2 for
each student in average daily attendance enrolled in a
prekindergarten class provided through a contract with a
community-based child-care provider under Section 29.153.
(a-2) The total number of students in average daily
attendance statewide for whom an allotment may be provided under
Subsection (a-1) for a school year may not exceed 10,000 students in
average daily attendance. If the number of students in average
daily attendance for whom a school district is entitled to an
allotment under this section exceeds the maximum number provided by
this subsection, the commissioner shall allocate the allotments to
school districts under this section in accordance with commissioner
rule.
(a-3) Notwithstanding Subsection (a-2), the maximum number
of students in average daily attendance statewide for whom an
allotment may be provided under Subsection (a-1) for a school year
is:
(1) for the 2024-2025 school year, 2,000 students;
(2) for the 2025-2026 school year, 4,500 students; and
(3) for the 2026-2027 school year, 7,000 students.
(a-4) Subsection (a-3) and this subsection expire September
1, 2027.
SECTION 3. Sections 29.153(d-3), (d-4), and (d-5),
Education Code, as added by this Act, apply beginning with the
2023-2024 school year.
SECTION 4. (a) Except as provided by Subsection (b) of this
section:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2023.
(b) Sections 48.108(a-1), (a-2), (a-3), and (a-4),
Education Code, as added by this Act, take effect September 1, 2024.