88R14327 MM-D
By: Martinez Fischer H.B. No. 4112
A BILL TO BE ENTITLED
AN ACT
relating to the availability of free prekindergarten programs in
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 29.153(a-1), (b), and (f), Education
Code, are amended to read as follows:
(a-1) A district shall offer prekindergarten classes if the
district identifies 15 or more children who are [eligible under
Subsection (b) and are] at least four years of age. A school
district may offer prekindergarten classes if the district
identifies 15 or more [eligible] children who are eligible under
Subsection (b)(1) [at least three years of age]. A district may not
charge tuition for a prekindergarten class offered under this
section.
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is:
(1) at least three years of age and:
(A) [(1)] is unable to speak and comprehend the
English language;
(B) [(2)] is educationally disadvantaged;
(C) [(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;
(D) [(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;
(E) [(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;
(F) [(6)] is or ever has been in:
(i) [(A)] the conservatorship of the
Department of Family and Protective Services following an adversary
hearing held as provided by Section 262.201, Family Code; or
(ii) [(B)] foster care in another state or
territory, if the child resides in this state; or
(G) [(7)] is the child of a person eligible for
the Star of Texas Award as:
(i) [(A)] a peace officer under Section
3106.002, Government Code;
(ii) [(B)] a firefighter under Section
3106.003, Government Code; or
(iii) [(C)] an emergency medical first
responder under Section 3106.004, Government Code; or
(2) at least four years of age.
(f) A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or
(5)] remains eligible for enrollment if the child's parent leaves
the armed forces, or is no longer on active duty, after the child
begins a prekindergarten class.
SECTION 2. Section 29.1532(c), Education Code, is amended
to read as follows:
(c) A school district that offers prekindergarten classes
shall include the following information in the district's Public
Education Information Management System (PEIMS) report:
(1) demographic information, as determined by the
commissioner, on students enrolled in district and campus
prekindergarten classes, including the number of students who are
eligible for classes under Section 29.153(b)(1) or (f) [29.153];
(2) the numbers of half-day and full-day
prekindergarten classes offered by the district and campus;
(3) the number of half-day prekindergarten classes for
which the district has received an exemption from full-day
operation under Section 29.153(d);
(4) the sources of funding for the prekindergarten
classes;
(5) the class size and ratio of instructional staff to
students for each prekindergarten program class offered by the
district and campus;
(6) if the district elects to administer an
assessment instrument under Section 29.169 to students enrolled in
district and campus prekindergarten program classes, a description
and the results of each type of assessment instrument; and
(7) curricula used in the district's prekindergarten
program classes.
SECTION 3. Section 29.153(e-1), Education Code, is
repealed.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
SECTION 5. 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, 2023.