| 1 | 1 | | 88R9075 JTZ-F |
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| 2 | 2 | | By: Springer S.B. No. 1977 |
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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 the eligibility of certain children enrolled in a |
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| 8 | 8 | | special education program for free prekindergarten programs in |
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| 9 | 9 | | public schools. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 29.153(b), Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) A child is eligible for enrollment in a prekindergarten |
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| 14 | 14 | | class under this section if the child is at least three years of age |
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| 15 | 15 | | and: |
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| 16 | 16 | | (1) is unable to speak and comprehend the English |
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| 17 | 17 | | language; |
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| 18 | 18 | | (2) is educationally disadvantaged; |
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| 19 | 19 | | (3) is homeless, regardless of the residence of the |
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| 20 | 20 | | child, of either parent of the child, or of the child's guardian or |
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| 21 | 21 | | other person having lawful control of the child; |
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| 22 | 22 | | (4) is the child of an active duty member of the armed |
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| 23 | 23 | | forces of the United States, including the state military forces or |
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| 24 | 24 | | a reserve component of the armed forces, who is ordered to active |
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| 25 | 25 | | duty by proper authority; |
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| 26 | 26 | | (5) is the child of a member of the armed forces of the |
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| 27 | 27 | | United States, including the state military forces or a reserve |
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| 28 | 28 | | component of the armed forces, who was injured or killed while |
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| 29 | 29 | | serving on active duty; |
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| 30 | 30 | | (6) is or ever has been in: |
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| 31 | 31 | | (A) the conservatorship of the Department of |
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| 32 | 32 | | Family and Protective Services following an adversary hearing held |
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| 33 | 33 | | as provided by Section 262.201, Family Code; or |
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| 34 | 34 | | (B) foster care in another state or territory, if |
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| 35 | 35 | | the child resides in this state; [or] |
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| 36 | 36 | | (7) is the child of a person eligible for the Star of |
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| 37 | 37 | | Texas Award as: |
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| 38 | 38 | | (A) a peace officer under Section 3106.002, |
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| 39 | 39 | | Government Code; |
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| 40 | 40 | | (B) a firefighter under Section 3106.003, |
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| 41 | 41 | | Government Code; or |
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| 42 | 42 | | (C) an emergency medical first responder under |
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| 43 | 43 | | Section 3106.004, Government Code; or |
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| 44 | 44 | | (8) is a child eligible for special education services |
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| 45 | 45 | | under Subchapter A and the child's admission, review, and dismissal |
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| 46 | 46 | | committee determines the prekindergarten class to be the |
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| 47 | 47 | | appropriate placement for the child under the child's |
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| 48 | 48 | | individualized education program. |
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| 49 | 49 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 50 | 50 | | school year. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2023. |
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