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A BILL TO BE ENTITLED
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AN ACT
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relating to providing free full-day prekindergarten for certain |
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children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.02124(a), Education Code, is amended |
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to read as follows: |
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(a) Subject to Subsection (c), a parent or guardian may |
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elect for a student to: |
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(1) repeat prekindergarten; |
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(2) enroll in prekindergarten, if the student would |
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have been eligible to enroll in prekindergarten during the previous |
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school year under Section 29.153 [29.153(b)] and the student has |
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not yet enrolled in kindergarten; |
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(3) repeat kindergarten; |
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(4) enroll in kindergarten, if the student would have |
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been eligible to enroll in kindergarten in the previous school year |
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and has not yet enrolled in first grade; or |
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(5) for grades one through eight, repeat the grade in |
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which the student was enrolled during the previous school year. |
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SECTION 2. Sections 29.153(a-1), (c), (c-1), and (d), |
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Education Code, are amended to read as follows: |
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(a-1) A district shall offer prekindergarten classes to any |
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child [if the district identifies 15 or more children] who is [are |
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eligible under Subsection (b) and are] at least three [four] years |
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of age. [A school district may offer prekindergarten classes if the |
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district identifies 15 or more eligible children who are at least |
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three years of age.] A district may not charge tuition for a |
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prekindergarten class offered under this section. |
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(c) A prekindergarten class under this section [may be |
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operated on a half-day basis for children under four years of age |
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and] shall be operated on a full-day basis [for children who are at |
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least four years of age]. A district is not required to provide |
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transportation for a prekindergarten class, but transportation, if |
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provided, is included for funding purposes as part of the regular |
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transportation system. |
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(c-1) A prekindergarten class under this section [for |
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children who are least four years of age] must comply with the |
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program standards required for high quality prekindergarten |
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programs under Subchapter E-1. |
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(d) Subject to Subsections (d-1) and (d-2), on application |
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of a district, the commissioner shall exempt a district from the |
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application of all or any part of this section, including all or any |
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part of Subchapter E-1 for a prekindergarten class described by |
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Subsection (c-1), if the commissioner determines that[: |
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[(1)] the district would be required to construct |
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classroom facilities in order to provide prekindergarten classes[; |
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or |
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[(2) implementing any part of this section would result |
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in fewer eligible children being enrolled in a prekindergarten |
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class under this section]. |
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SECTION 3. Section 29.1531(a), Education Code, is amended |
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to read as follows: |
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(a) A school district may offer on a tuition basis or use |
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district funds to provide[: |
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[(1) an additional half-day of prekindergarten |
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classes to children who are eligible for classes under Section |
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29.153 and are under four years of age; and |
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[(2)] half-day and full-day prekindergarten classes |
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to children not eligible for classes under Section 29.153. |
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SECTION 4. Section 48.005(a), Education Code, is amended to |
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read as follows: |
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(a) In this chapter, average daily attendance is: |
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(1) the quotient of the sum of attendance for each day |
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of the minimum number of days of instruction as described under |
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Section 25.081(a) divided by the minimum number of days of |
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instruction; |
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(2) for a district that operates under a flexible year |
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program under Section 29.0821, the quotient of the sum of |
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attendance for each actual day of instruction as permitted by |
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Section 29.0821(b)(1) divided by the number of actual days of |
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instruction as permitted by Section 29.0821(b)(1); |
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(3) for a district that operates under a flexible |
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school day program under Section 29.0822, the average daily |
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attendance as calculated by the commissioner in accordance with |
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Sections 29.0822(d) and (d-1); or |
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(4) for a district that operates [a half-day program |
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or] a full-day program under Section 29.153(c), [one-half of] the |
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average daily attendance calculated under Subdivision (1). |
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SECTION 5. Sections 29.153(b), (e-1), and (f), Education |
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Code, are repealed. |
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SECTION 6. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |