1 | 1 | | 88R1707 ANG-D |
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2 | 2 | | By: Bucy H.B. No. 342 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to providing free full-day prekindergarten for certain |
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8 | 8 | | children. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 29.153(a-1), (b), (c), (d), and (f), |
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11 | 11 | | Education Code, are amended to read as follows: |
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12 | 12 | | (a-1) A district shall offer prekindergarten classes to any |
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13 | 13 | | child [if the district identifies 15 or more children] who is [are |
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14 | 14 | | eligible under Subsection (b) and are] at least four years of age. |
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15 | 15 | | A school district may offer prekindergarten classes if the district |
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16 | 16 | | identifies 15 or more [eligible] children who are eligible under |
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17 | 17 | | Subsection (b)(1) [at least three years of age]. A district may not |
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18 | 18 | | charge tuition for a prekindergarten class offered under this |
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19 | 19 | | section. |
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20 | 20 | | (b) A child is eligible for enrollment in a prekindergarten |
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21 | 21 | | class under this section if the child is: |
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22 | 22 | | (1) at least three years of age and: |
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23 | 23 | | (A) [(1)] is unable to speak and comprehend the |
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24 | 24 | | English language; |
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25 | 25 | | (B) [(2)] is educationally disadvantaged; |
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26 | 26 | | (C) [(3)] is homeless, regardless of the |
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27 | 27 | | residence of the child, of either parent of the child, or of the |
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28 | 28 | | child's guardian or other person having lawful control of the |
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29 | 29 | | child; |
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30 | 30 | | (D) [(4)] is the child of an active duty member |
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31 | 31 | | of the armed forces of the United States, including the state |
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32 | 32 | | military forces or a reserve component of the armed forces, who is |
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33 | 33 | | ordered to active duty by proper authority; |
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34 | 34 | | (E) [(5)] is the child of a member of the armed |
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35 | 35 | | forces of the United States, including the state military forces or |
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36 | 36 | | a reserve component of the armed forces, who was injured or killed |
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37 | 37 | | while serving on active duty; |
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38 | 38 | | (F) [(6)] is or ever has been in: |
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39 | 39 | | (i) [(A)] the conservatorship of the |
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40 | 40 | | Department of Family and Protective Services following an adversary |
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41 | 41 | | hearing held as provided by Section 262.201, Family Code; or |
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42 | 42 | | (ii) [(B)] foster care in another state or |
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43 | 43 | | territory, if the child resides in this state; or |
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44 | 44 | | (G) [(7)] is the child of a person eligible for |
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45 | 45 | | the Star of Texas Award as: |
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46 | 46 | | (i) [(A)] a peace officer under Section |
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47 | 47 | | 3106.002, Government Code; |
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48 | 48 | | (ii) [(B)] a firefighter under Section |
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49 | 49 | | 3106.003, Government Code; or |
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50 | 50 | | (iii) [(C)] an emergency medical first |
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51 | 51 | | responder under Section 3106.004, Government Code; or |
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52 | 52 | | (2) at least four years of age. |
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53 | 53 | | (c) A prekindergarten class under this section [may be |
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54 | 54 | | operated on a half-day basis for children under four years of age |
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55 | 55 | | and] shall be operated on a full-day basis [for children who are at |
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56 | 56 | | least four years of age]. A district is not required to provide |
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57 | 57 | | transportation for a prekindergarten class, but transportation, if |
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58 | 58 | | provided, is included for funding purposes as part of the regular |
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59 | 59 | | transportation system. |
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60 | 60 | | (d) Subject to Subsections (d-1) and (d-2), on application |
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61 | 61 | | of a district, the commissioner shall exempt a district from the |
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62 | 62 | | application of all or any part of this section, including all or any |
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63 | 63 | | part of Subchapter E-1 for a prekindergarten class described by |
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64 | 64 | | Subsection (c-1), if the commissioner determines that[: |
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65 | 65 | | [(1)] the district would be required to construct |
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66 | 66 | | classroom facilities in order to provide prekindergarten classes[; |
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67 | 67 | | or |
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68 | 68 | | [(2) implementing any part of this section would |
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69 | 69 | | result in fewer eligible children being enrolled in a |
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70 | 70 | | prekindergarten class under this section]. |
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71 | 71 | | (f) A child who is eligible for enrollment in a |
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72 | 72 | | prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or |
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73 | 73 | | (5)] remains eligible for enrollment if the child's parent leaves |
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74 | 74 | | the armed forces, or is no longer on active duty, after the child |
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75 | 75 | | begins a prekindergarten class. |
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76 | 76 | | SECTION 2. Section 29.1531(a), Education Code, is amended |
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77 | 77 | | to read as follows: |
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78 | 78 | | (a) A school district may offer on a tuition basis or use |
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79 | 79 | | district funds to provide[: |
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80 | 80 | | [(1) an additional half-day of prekindergarten |
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81 | 81 | | classes to children who are eligible for classes under Section |
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82 | 82 | | 29.153 and are under four years of age; and |
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83 | 83 | | [(2)] half-day and full-day prekindergarten classes |
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84 | 84 | | to children not eligible for classes under Section 29.153. |
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85 | 85 | | SECTION 3. Section 29.1532(c), Education Code, is amended |
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86 | 86 | | to read as follows: |
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87 | 87 | | (c) A school district that offers prekindergarten classes |
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88 | 88 | | shall include the following information in the district's Public |
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89 | 89 | | Education Information Management System (PEIMS) report: |
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90 | 90 | | (1) demographic information, as determined by the |
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91 | 91 | | commissioner, on students enrolled in district and campus |
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92 | 92 | | prekindergarten classes, including the number of students who are |
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93 | 93 | | eligible for classes under Sections 29.153(b)(1) and (f) [Section |
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94 | 94 | | 29.153]; |
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95 | 95 | | (2) the numbers of half-day and full-day |
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96 | 96 | | prekindergarten classes offered by the district and campus; |
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97 | 97 | | (3) the number of half-day prekindergarten classes for |
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98 | 98 | | which the district has received an exemption from full-day |
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99 | 99 | | operation under Section 29.153(d); |
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100 | 100 | | (4) the sources of funding for the prekindergarten |
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101 | 101 | | classes; |
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102 | 102 | | (5) the class size and ratio of instructional staff to |
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103 | 103 | | students for each prekindergarten program class offered by the |
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104 | 104 | | district and campus; |
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105 | 105 | | (6) if the district elects to administer an assessment |
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106 | 106 | | instrument under Section 29.169 to students enrolled in district |
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107 | 107 | | and campus prekindergarten program classes, a description and the |
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108 | 108 | | results of each type of assessment instrument; and |
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109 | 109 | | (7) curricula used in the district's prekindergarten |
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110 | 110 | | program classes. |
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111 | 111 | | SECTION 4. This Act applies beginning with the 2023-2024 |
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112 | 112 | | school year. |
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113 | 113 | | SECTION 5. This Act takes effect immediately if it receives |
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114 | 114 | | a vote of two-thirds of all the members elected to each house, as |
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115 | 115 | | provided by Section 39, Article III, Texas Constitution. If this |
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116 | 116 | | Act does not receive the vote necessary for immediate effect, this |
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117 | 117 | | Act takes effect September 1, 2023. |
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