Texas 2023 - 88th Regular

Texas House Bill HB4323 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3113 BDP-D
2	2	By: Bhojani H.B. No. 4323
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing free full-day prekindergarten for certain
8	8	children.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 28.02124(a), Education Code, is amended
11	11	to read as follows:
12	12	(a) Subject to Subsection (c), a parent or guardian may
13	13	elect for a student to:
14	14	(1) repeat prekindergarten;
15	15	(2) enroll in prekindergarten, if the student would
16	16	have been eligible to enroll in prekindergarten during the previous
17	17	school year under Section 29.153 [29.153(b)] and the student has
18	18	not yet enrolled in kindergarten;
19	19	(3) repeat kindergarten;
20	20	(4) enroll in kindergarten, if the student would have
21	21	been eligible to enroll in kindergarten in the previous school year
22	22	and has not yet enrolled in first grade; or
23	23	(5) for grades one through three, repeat the grade in
24	24	which the student was enrolled during the previous school year.
25	25	SECTION 2. Sections 29.153(a-1), (c), (c-1), and (d),
26	26	Education Code, are amended to read as follows:
27	27	(a-1) A district shall offer prekindergarten classes to any
28	28	child [if the district identifies 15 or more children] who is [are
29	29	eligible under Subsection (b) and are] at least three [four] years
30	30	of age. [A school district may offer prekindergarten classes if the
31	31	district identifies 15 or more eligible children who are at least
32	32	three years of age.] A district may not charge tuition for a
33	33	prekindergarten class offered under this section.
34	34	(c) A prekindergarten class under this section [may be
35	35	operated on a half-day basis for children under four years of age
36	36	and] shall be operated on a full-day basis [for children who are at
37	37	least four years of age]. A district is not required to provide
38	38	transportation for a prekindergarten class, but transportation, if
39	39	provided, is included for funding purposes as part of the regular
40	40	transportation system.
41	41	(c-1) A prekindergarten class under this section [for
42	42	children who are least four years of age] must comply with the
43	43	program standards required for high quality prekindergarten
44	44	programs under Subchapter E-1.
45	45	(d) Subject to Subsections (d-1) and (d-2), on application
46	46	of a district, the commissioner shall exempt a district from the
47	47	application of all or any part of this section, including all or any
48	48	part of Subchapter E-1 for a prekindergarten class described by
49	49	Subsection (c-1), if the commissioner determines that[:
50	50	[(1)] the district would be required to construct
51	51	classroom facilities in order to provide prekindergarten classes[;
52	52	or
53	53	[(2) implementing any part of this section would result
54	54	in fewer eligible children being enrolled in a prekindergarten
55	55	class under this section].
56	56	SECTION 3. Section 29.1531(a), Education Code, is amended
57	57	to read as follows:
58	58	(a) A school district may offer on a tuition basis or use
59	59	district funds to provide[:
60	60	[(1) an additional half-day of prekindergarten
61	61	classes to children who are eligible for classes under Section
62	62	29.153 and are under four years of age; and
63	63	[(2)] half-day and full-day prekindergarten classes
64	64	to children not eligible for classes under Section 29.153.
65	65	SECTION 4. Section 48.005(a), Education Code, is amended to
66	66	read as follows:
67	67	(a) In this chapter, average daily attendance is:
68	68	(1) the quotient of the sum of attendance for each day
69	69	of the minimum number of days of instruction as described under
70	70	Section 25.081(a) divided by the minimum number of days of
71	71	instruction;
72	72	(2) for a district that operates under a flexible year
73	73	program under Section 29.0821, the quotient of the sum of
74	74	attendance for each actual day of instruction as permitted by
75	75	Section 29.0821(b)(1) divided by the number of actual days of
76	76	instruction as permitted by Section 29.0821(b)(1);
77	77	(3) for a district that operates under a flexible
78	78	school day program under Section 29.0822, the average daily
79	79	attendance as calculated by the commissioner in accordance with
80	80	Sections 29.0822(d) and (d-1); or
81	81	(4) for a district that operates [a half-day program
82	82	or] a full-day program under Section 29.153(c), one-half of the
83	83	average daily attendance calculated under Subdivision (1).
84	84	SECTION 5. Sections 29.153(b), (e-1), and (f), Education
85	85	Code, are repealed.
86	86	SECTION 6. This Act applies beginning with the 2023-2024
87	87	school year.
88	88	SECTION 7. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2023.