By Parra H.B. No. 2571
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of community education child care
1-3 services
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 Section 1. Section 11.201 of the Education Code is amended
1-6 by adding subsection (a-1), to read as follows:
1-7 Section 11.201. COMMUNITY EDUCATION SERVICES
1-8 (a-1) COMMUNITY EDUCATION CHILD CARE. In addition to
1-9 projects funded under subsection (a), the Legislature shall
1-10 appropriate funds to the Texas Education Agency from the Foundation
1-11 School Fund for the purpose of supporting before- and after-school
1-12 child care programs in public school districts described in
1-13 subsection (a) that provide community education services under this
1-14 section.
1-15 (1) A district is eligible to receive funds under this
1-16 subsection if it maintains a program to provide community education
1-17 services that is in compliance with all requirements of this code
1-18 and all rules promulgated by the Central Education Agency.
1-19 (2) The State Board of Education shall establish by
1-20 rule procedures for distributing child care funds to public school
1-21 districts under this subsection. Such procedures shall include a
1-22 statewide competitive process by which the agency evaluates
1-23 applications for child care submitted by districts and awards funds
2-1 to those districts whose applications are deemed to possess the
2-2 most merit. Such applications must comply with the provisions of
2-3 subdivision (3) of this subsection. The agency's award
2-4 determinations shall be final and no party shall have the right to
2-5 obtain administrative or judicial review, except through such
2-6 administrative review process as the Board may provide by rule.
2-7 The Board shall establish by rule guidelines and objectives for the
2-8 agency's evaluation of the merit of applications. The agency shall
2-9 make funding determinations in accordance with those guidelines and
2-10 objectives.
2-11 (3) The agency shall not consider an application for
2-12 child care funding unless it contains, at a minimum:
2-13 (A) A resolution by the district's Board of Trustees or
2-14 governing body adopting a particular child care plan.
2-15 (B) Each plan shall state the anticipated funding
2-16 requirements and shall provide the agency with the data and any
2-17 analysis used to prepare the funding estimate.
2-18 (C) Each plan shall include or be accompanied by a statement
2-19 outlining how the proposed project effectuates the goals of this
2-20 section and complies with the guidelines and objectives promulgated
2-21 pursuant to subdivision (2) of this subsection.
2-22 (D) the application must provide that the district will
2-23 provide before- and after-school care between the hours of 7:00
2-24 a.m. and 6:00 p.m. for any child enrolled as a student in
2-25 kindergarten through grade 8 whose parents or legal guardians work,
3-1 attend school or participate in a job-training program during those
3-2 hours. The district may provide full-day care for such students on
3-3 school holidays, teacher in-service days and summer vacation.
3-4 (E) All child care programs outlined in the application
3-5 shall adhere to a ratio of no less than one care-giver per twenty
3-6 children enrolled as students in kindergarten through grade 3, and
3-7 a ratio of no less than one care-giver per twenty-five children
3-8 enrolled as students in grades 4-8. Each program described in the
3-9 application shall provide age-appropriate educational and
3-10 recreational activities, as well as homework assistance.
3-11 (F) The district shall set forth in its application its
3-12 appointment of a Child Care Administrator, who shall administer and
3-13 coordinate the program under the authority of the District
3-14 Superintendent or another administrator of the Superintendent's
3-15 designation. Additionally, the Child Care Administrator shall
3-16 appoint a Coordinator to oversee the child care activities at each
3-17 school site, who shall be under the authority of the school's
3-18 principal. Districts are encouraged to collaborate with Child Care
3-19 management system contractors and Head Start providers.
3-20 (4) Districts may supplement any funds received under
3-21 this subsection with funds received through assessing tuition,
3-22 received through other government assistance programs, or received
3-23 from private donations. Any tuition charges shall reflect only the
3-24 cost of care actually provided to the student, and the Texas
3-25 Education Agency or other appropriate governmental agency may audit
4-1 such programs to ensure compliance with this provision. State
4-2 funds awarded under this subsection shall first support low-income
4-3 children. For the purposes of this subsection, "low-income
4-4 children" shall refer to those children who are eligible to receive
4-5 assistance under the National School Lunch Program, 42 U.S.C. Sec.
4-6 1751, et seq.
4-7 (5) Funds awarded to districts under this subsection
4-8 may not be used for student transportation to or from school,
4-9 unless that transportation is incident to a curriculum-related
4-10 program or activity.
4-11 (6) Funds awarded to districts under this subsection
4-12 may be used to contract with private entities for their provision
4-13 of child care services. Such entities must adhere to the
4-14 requirements of this subsection. Any such contract shall have no
4-15 effect until approved by the agency, which shall review the
4-16 contract to ensure that the services to be delivered will comply
4-17 with this subsection. Such contracts shall be awarded without
4-18 regard to the race or gender of the contracting party,
4-19 notwithstanding any other provision of law.
4-20 (7) All child care givers and other staff must comply
4-21 with all applicable certification requirements.
4-22 (8) The Board may by rule authorize districts to
4-23 receive technical and planning assistance from Regional Education
4-24 Service Centers.
4-25 (9) This subsection does not affect or otherwise
5-1 repeal the provisions of Section 21.928 of this code.
5-2 (10) The agency shall monitor and review programs
5-3 receiving funds under this subsection and may suspend funds to
5-4 districts whose programs fail to comply with the provisions of this
5-5 section. The Board shall provide by rule an administrative process
5-6 to review such suspensions. Both a suspension order and the
5-7 administrative review process shall comply with the provisions of
5-8 the Administrative Procedure and Texas Register Act.
5-9 SECTION 2. This act shall take effect September 1, 1993.
5-10 SECTION 3. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.