88R3113 BDP-D
By: Bhojani H.B. No. 4323
A BILL TO BE ENTITLED
AN ACT
relating to providing free full-day prekindergarten for certain
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.02124(a), Education Code, is amended
to read as follows:
(a) Subject to Subsection (c), a parent or guardian may
elect for a student to:
(1) repeat prekindergarten;
(2) enroll in prekindergarten, if the student would
have been eligible to enroll in prekindergarten during the previous
school year under Section 29.153 [29.153(b)] and the student has
not yet enrolled in kindergarten;
(3) repeat kindergarten;
(4) enroll in kindergarten, if the student would have
been eligible to enroll in kindergarten in the previous school year
and has not yet enrolled in first grade; or
(5) for grades one through three, repeat the grade in
which the student was enrolled during the previous school year.
SECTION 2. Sections 29.153(a-1), (c), (c-1), and (d),
Education Code, are amended to read as follows:
(a-1) A district shall offer prekindergarten classes to any
child [if the district identifies 15 or more children] who is [are
eligible under Subsection (b) and are] at least three [four] years
of age. [A school district may offer prekindergarten classes if the
district identifies 15 or more eligible children who are at least
three years of age.] A district may not charge tuition for a
prekindergarten class offered under this section.
(c) A prekindergarten class under this section [may be
operated on a half-day basis for children under four years of age
and] shall be operated on a full-day basis [for children who are at
least four years of age]. A district is not required to provide
transportation for a prekindergarten class, but transportation, if
provided, is included for funding purposes as part of the regular
transportation system.
(c-1) A prekindergarten class under this section [for
children who are least four years of age] must comply with the
program standards required for high quality prekindergarten
programs under Subchapter E-1.
(d) Subject to Subsections (d-1) and (d-2), on application
of a district, the commissioner shall exempt a district from the
application of all or any part of this section, including all or any
part of Subchapter E-1 for a prekindergarten class described by
Subsection (c-1), if the commissioner determines that[:
[(1)] the district would be required to construct
classroom facilities in order to provide prekindergarten classes[;
or
[(2) implementing any part of this section would result
in fewer eligible children being enrolled in a prekindergarten
class under this section].
SECTION 3. Section 29.1531(a), Education Code, is amended
to read as follows:
(a) A school district may offer on a tuition basis or use
district funds to provide[:
[(1) an additional half-day of prekindergarten
classes to children who are eligible for classes under Section
29.153 and are under four years of age; and
[(2)] half-day and full-day prekindergarten classes
to children not eligible for classes under Section 29.153.
SECTION 4. Section 48.005(a), Education Code, is amended to
read as follows:
(a) In this chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction;
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1);
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Sections 29.0822(d) and (d-1); or
(4) for a district that operates [a half-day program
or] a full-day program under Section 29.153(c), one-half of the
average daily attendance calculated under Subdivision (1).
SECTION 5. Sections 29.153(b), (e-1), and (f), Education
Code, are repealed.
SECTION 6. This Act applies beginning with the 2023-2024
school year.
SECTION 7. 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.