Texas 2025 - 89th Regular

Texas House Bill HB358 Compare Versions

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11 89R333 CXP-D
22 By: Bucy H.B. No. 358
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to providing free full-day prekindergarten for certain
1010 children.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 29.153(a-1), (b), (c), (d), and (f),
1313 Education Code, are amended to read as follows:
1414 (a-1) A district shall offer prekindergarten classes to any
1515 child [if the district identifies 15 or more children] who is [are
1616 eligible under Subsection (b) and are] at least four years of age.
1717 A school district may offer prekindergarten classes if the district
1818 identifies 15 or more [eligible] children who are eligible under
1919 Subsection (b)(1) [at least three years of age]. A district may not
2020 charge tuition for a prekindergarten class offered under this
2121 section.
2222 (b) A child is eligible for enrollment in a prekindergarten
2323 class under this section if the child is:
2424 (1) at least three years of age and:
2525 (A) [(1)] is unable to speak and comprehend the
2626 English language;
2727 (B) [(2)] is educationally disadvantaged;
2828 (C) [(3)] is homeless, regardless of the
2929 residence of the child, of either parent of the child, or of the
3030 child's guardian or other person having lawful control of the
3131 child;
3232 (D) [(4)] is the child of an active duty member
3333 of the armed forces of the United States, including the state
3434 military forces or a reserve component of the armed forces, who is
3535 ordered to active duty by proper authority;
3636 (E) [(5)] is the child of a member of the armed
3737 forces of the United States, including the state military forces or
3838 a reserve component of the armed forces, who was injured or killed
3939 while serving on active duty;
4040 (F) [(6)] is or ever has been in:
4141 (i) [(A)] the conservatorship of the
4242 Department of Family and Protective Services following an adversary
4343 hearing held as provided by Section 262.201, Family Code; or
4444 (ii) [(B)] foster care in another state or
4545 territory, if the child resides in this state; or
4646 (G) [(7)] is the child of a person eligible for
4747 the Star of Texas Award as:
4848 (i) [(A)] a peace officer under Section
4949 3106.002, Government Code;
5050 (ii) [(B)] a firefighter under Section
5151 3106.003, Government Code; or
5252 (iii) [(C)] an emergency medical first
5353 responder under Section 3106.004, Government Code; or
5454 (2) at least four years of age.
5555 (c) A prekindergarten class under this section [may be
5656 operated on a half-day basis for children under four years of age
5757 and] shall be operated on a full-day basis [for children who are at
5858 least four years of age]. A district is not required to provide
5959 transportation for a prekindergarten class, but transportation, if
6060 provided, is included for funding purposes as part of the regular
6161 transportation system.
6262 (d) Subject to Subsections (d-1) and (d-2), on application
6363 of a district, the commissioner shall exempt a district from the
6464 application of all or any part of this section, including all or any
6565 part of Subchapter E-1 for a prekindergarten class described by
6666 Subsection (c-1), if the commissioner determines that[:
6767 [(1)] the district would be required to construct
6868 classroom facilities in order to provide prekindergarten classes[;
6969 or
7070 [(2) implementing any part of this section would
7171 result in fewer eligible children being enrolled in a
7272 prekindergarten class under this section].
7373 (f) A child who is eligible for enrollment in a
7474 prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or
7575 (5)] remains eligible for enrollment if the child's parent leaves
7676 the armed forces, or is no longer on active duty, after the child
7777 begins a prekindergarten class.
7878 SECTION 2. Section 29.1531(a), Education Code, is amended
7979 to read as follows:
8080 (a) A school district may offer on a tuition basis or use
8181 district funds to provide[:
8282 [(1) an additional half-day of prekindergarten
8383 classes to children who are eligible for classes under Section
8484 29.153 and are under four years of age; and
8585 [(2)] half-day and full-day prekindergarten classes
8686 to children not eligible for classes under Section 29.153.
8787 SECTION 3. Section 29.1532(c), Education Code, is amended
8888 to read as follows:
8989 (c) A school district that offers prekindergarten classes
9090 shall include the following information in the district's Public
9191 Education Information Management System (PEIMS) report:
9292 (1) demographic information, as determined by the
9393 commissioner, on students enrolled in district and campus
9494 prekindergarten classes, including the number of students who are
9595 eligible for classes under Sections 29.153(b)(1) and (f) [Section
9696 29.153];
9797 (2) the numbers of half-day and full-day
9898 prekindergarten classes offered by the district and campus;
9999 (3) the number of half-day prekindergarten classes for
100100 which the district has received an exemption from full-day
101101 operation under Section 29.153(d);
102102 (4) the sources of funding for the prekindergarten
103103 classes;
104104 (5) the class size and ratio of instructional staff to
105105 students for each prekindergarten program class offered by the
106106 district and campus;
107107 (6) if the district elects to administer an assessment
108108 instrument under Section 29.169 to students enrolled in district
109109 and campus prekindergarten program classes, a description and the
110110 results of each type of assessment instrument; and
111111 (7) curricula used in the district's prekindergarten
112112 program classes.
113113 SECTION 4. This Act applies beginning with the 2025-2026
114114 school year.
115115 SECTION 5. This Act takes effect immediately if it receives
116116 a vote of two-thirds of all the members elected to each house, as
117117 provided by Section 39, Article III, Texas Constitution. If this
118118 Act does not receive the vote necessary for immediate effect, this
119119 Act takes effect September 1, 2025.