Texas 2023 - 88th 3rd C.S.

Texas House Bill HB53 Compare Versions

Version 1 (Old)

Version 2 (New)

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