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A BILL TO BE ENTITLED
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AN ACT
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relating to providing free prekindergarten for certain 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. Section 29.153(a-1), Education Code, is amended |
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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 four years of age. |
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A school district may offer prekindergarten classes to any child |
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[if the district identifies 15 or more eligible children] who is |
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[are] at least three years of age. A district may not charge tuition |
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for a prekindergarten class offered under this section. |
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SECTION 3. Section 29.1543, Education Code, is amended to |
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read as follows: |
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Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall |
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produce and make available to the public on the agency's Internet |
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website annual district and campus-level reports containing |
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information from the previous school year on early education in |
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school districts and open-enrollment charter schools. A report |
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under this section must contain: |
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(1) the information required by Section 29.1532(c) to |
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be reported through the Public Education Information Management |
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System (PEIMS); |
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(2) a description of the diagnostic reading |
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instruments administered in accordance with Section 28.006(c) or |
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(c-2); |
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(3) the number of students who were administered a |
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diagnostic reading instrument administered in accordance with |
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Section 28.006(c) or (c-2); |
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(4) the number of students whose scores from a |
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diagnostic reading instrument administered in accordance with |
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Section 28.006(c) or (c-2) indicate reading proficiency; |
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(5) the number of kindergarten students who were |
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enrolled in a prekindergarten program in the previous school year |
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in the same district or school as the district or school in which |
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the student attends kindergarten; |
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(6) the number and percentage of students who perform |
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satisfactorily on the third grade reading or mathematics assessment |
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instrument administered under Section 39.023[, disaggregated by |
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whether the student was eligible for free prekindergarten under |
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Section 29.153]; |
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(7) the number of students described by Subdivision |
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(6) who attended kindergarten in the district, disaggregated by: |
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(A) whether the student met the kindergarten |
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readiness standard on the reading instrument adopted under Section |
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28.006; |
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(B) whether the student attended prekindergarten |
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in the district; and |
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(C) the type of prekindergarten the student |
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attended, if applicable; and |
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(8) the information described by Subdivisions (6) and |
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(7) disaggregated by whether the student is educationally |
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disadvantaged. |
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SECTION 4. Sections 48.005(a) and (i), Education Code, are |
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amended to 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 prekindergarten |
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[half-day program or a full-day] program under Section 29.153(c): |
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(A) for a half-day program, one-half of the |
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average daily attendance calculated under Subdivision (1); or |
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(B) for a full-day program, the average daily |
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attendance calculated under Subdivision (1). |
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(i) A district or a charter school operating under Chapter |
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12 that operates a half-day prekindergarten program is eligible to |
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receive one-half of average daily attendance under Subsection (a) |
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if the district's or charter school's prekindergarten program |
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provides at least 32,400 minutes of instructional time to students. |
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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. |