Texas 2025 - 89th Regular

Texas House Bill HB5614 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Bhojani H.B. No. 5614
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to providing free full-day prekindergarten for certain
7	9		children.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 28.02124(a), Education Code, is amended
10	12		to read as follows:
11	13		(a) Subject to Subsection (c), a parent or guardian may
12	14		elect for a student to:
13	15		(1) repeat prekindergarten;
14	16		(2) enroll in prekindergarten, if the student would
15	17		have been eligible to enroll in prekindergarten during the previous
16	18		school year under Section 29.153 [29.153(b)] and the student has
17	19		not yet enrolled in kindergarten;
18	20		(3) repeat kindergarten;
19	21		(4) enroll in kindergarten, if the student would have
20	22		been eligible to enroll in kindergarten in the previous school year
21	23		and has not yet enrolled in first grade; or
22	24		(5) for grades one through eight, repeat the grade in
23	25		which the student was enrolled during the previous school year.
24	26		SECTION 2. Sections 29.153(a-1), (c), (c-1), and (d),
25	27		Education Code, are amended to read as follows:
26	28		(a-1) A district shall offer prekindergarten classes to any
27	29		child if the district identifies 15 or more children who are
28	30		[eligible under Subsection (b) and are] at least three [four] years
29	31		of age. [A school district may offer prekindergarten classes if the
30	32		district identifies 15 or more eligible children who are at least
31	33		three years of age]. A district may not charge tuition for a
32	34		prekindergarten class offered under this section.
33	35		(c) A prekindergarten class under this section [may be
34	36		operated on a half-day basis for children under four years of age
35	37		and] shall be operated on a full-day basis [for children who are at
36	38		least four years of age]. A district is not required to provide
37	39		transportation for a prekindergarten class, but transportation, if
38	40		provided, is included for funding purposes as part of the regular
39	41		transportation system.
40	42		(c-1) A prekindergarten class under this section [for
41	43		children who are least four years of age] must comply with the
42	44		program standards required for high quality prekindergarten
43	45		programs under Subchapter E-1.
44	46		(d) Subject to Subsections (d-1) and (d-2), on application
45	47		of a district, the commissioner shall exempt a district from the
46	48		application of all or any part of this section, including all or any
47	49		part of Subchapter E-1 for a prekindergarten class described by
48	50		Subsection (c-1), if the commissioner determines that[:
49	51		[(1)] the district would be required to construct
50	52		classroom facilities in order to provide prekindergarten classes[;
51	53		or
52	54		[(2) implementing any part of this section would
53	55		result in fewer eligible children being enrolled in a
54	56		prekindergarten class under this section].
55	57		SECTION 3. Section 29.1531(a), Education Code, is amended
56	58		to read as follows:
57	59		(a) A school district may offer on a tuition basis or use
58	60		district funds to provide[:
59	61		[(1) an additional half-day of prekindergarten
60	62		classes to children who are eligible for classes under Section
61	63		29.153 and are under four years of age; and
62	64		[(2)] half-day and full-day prekindergarten classes
63	65		to children not eligible for classes under Section 29.153.
64	66		SECTION 4. Section 48.005(a), Education Code, is amended to
65	67		read as follows:
66	68		(a) In this chapter, average daily attendance is:
67	69		(1) the quotient of the sum of attendance for each day
68	70		of the minimum number of days of instruction as described under
69	71		Section 25.081(a) divided by the minimum number of days of
70	72		instruction;
71	73		(2) for a district that operates under a flexible year
72	74		program under Section 29.0821, the quotient of the sum of
73	75		attendance for each actual day of instruction as permitted by
74	76		Section 29.0821(b)(1) divided by the number of actual days of
75	77		instruction as permitted by Section 29.0821(b)(1);
76	78		(3) for a district that operates under a flexible
77	79		school day program under Section 29.0822, the average daily
78	80		attendance as calculated by the commissioner in accordance with
79	81		Sections 29.0822(d) and (d-1); or
80	82		(4) for a district that operates [a half-day program
81	83		or] a full-day program under Section 29.153(c), [one-half of] the
82	84		average daily attendance calculated under Subdivision (1).
83	85		SECTION 5. Sections 29.153(b), (e-1), and (f), Education
84	86		Code, are repealed.
85	87		SECTION 6. This Act applies beginning with the 2025-2026
86	88		school year.
87	89		SECTION 7. This Act takes effect immediately if it receives
88	90		a vote of two-thirds of all the members elected to each house, as
89	91		provided by Section 39, Article III, Texas Constitution. If this
90	92		Act does not receive the vote necessary for immediate effect, this
91	93		Act takes effect September 1, 2025.