By: Nelson, Zaffirini S.B. No. 994
Shapiro, Truan
A BILL TO BE ENTITLED
AN ACT
1-1 relating to community education child care services.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter A, Chapter 11, Education Code, is
1-4 amended by adding Section 11.2011 to read as follows:
1-5 Sec. 11.2011. COMMUNITY EDUCATION CHILD CARE SERVICES.
1-6 (a) The Central Education Agency shall establish a pilot program
1-7 for the development of community education child care services as
1-8 outlined in this section. From the total amount of funds
1-9 appropriated to the Central Education Agency, the commissioner of
1-10 education shall withhold an amount specified in the General
1-11 Appropriations Act, which for the 1994-1995 biennium may not exceed
1-12 $4 million, and distribute that amount for programs under this
1-13 section. The program established under this section is required
1-14 only in school districts in which the program is financed by funds
1-15 distributed under this section and any other funds available for
1-16 the program.
1-17 (b) The legislature may make appropriations to the Central
1-18 Education Agency for the purpose of supporting before-school and
1-19 after-school child care programs in a school district that is
1-20 operating a community education development project. In this
1-21 subsection, a community education development project does not
1-22 include community education services under Section 11.201 of this
1-23 code. The Central Education Agency shall actively seek federal
2-1 grants or funds to operate and expand the programs established
2-2 under this section.
2-3 (c) The State Board of Education by rule shall establish a
2-4 procedure for distributing funds to school districts for child care
2-5 programs under this section. The procedure must include a
2-6 statewide competitive process by which the Central Education Agency
2-7 shall evaluate applications for child care programs submitted by
2-8 eligible school districts and award funds to those districts whose
2-9 applications the agency considers to possess the greatest merit.
2-10 The State Board of Education by rule shall establish guidelines and
2-11 objectives that the Central Education Agency shall use in making
2-12 evaluations for funding determination purposes. A school district
2-13 is not entitled to administrative or judicial review of the Central
2-14 Education Agency's funding determination, except to the extent that
2-15 the State Board of Education by rule provides for administrative
2-16 review.
2-17 (d) The Central Education Agency may not consider a school
2-18 district's application for child care funding unless the
2-19 application:
2-20 (1) contains a resolution by the district's board of
2-21 trustees or governing body adopting a particular child care plan;
2-22 (2) states the anticipated funding requirements for
2-23 the district's child care program and provides the agency with the
2-24 data and any analysis used to prepare the funding estimate;
2-25 (3) includes or is accompanied by a statement
3-1 outlining how the proposed project effectuates the goals of this
3-2 section and complies with the guidelines and objectives established
3-3 under Subsection (c) of this section;
3-4 (4) provides that the district will provide
3-5 before-school and after-school care between the hours of 7 a.m. and
3-6 6 p.m. for any student in kindergarten through grade eight whose
3-7 parents or legal guardians work, attend school, or participate in a
3-8 job-training program during those hours;
3-9 (5) specifies that the district's child care program
3-10 outlined in the application will maintain a ratio of not less than
3-11 one caregiver per 20 students in kindergarten through grade three
3-12 and a ratio of not less than one caregiver per 25 students in
3-13 grades four through eight and will provide age-appropriate
3-14 educational and recreational activities and homework assistance;
3-15 and
3-16 (6) states that the district has appointed a child
3-17 care administrator.
3-18 (e) A school district's child care administrator shall
3-19 administer and coordinate the program under the authority of the
3-20 district superintendent or another administrator the superintendent
3-21 designates. The child care administrator shall appoint a
3-22 coordinator to oversee the child care activities at each school
3-23 site under the authority of the school's principal. Each district
3-24 is encouraged to collaborate with child care management system
3-25 contractors and Head Start program providers.
4-1 (f) Each school district may provide full-day care for
4-2 students on school holidays and teacher preparation days and during
4-3 summer vacation.
4-4 (g) A school district may supplement any funds received
4-5 under this section with funds received through program tuition,
4-6 other government assistance programs, or private donations. Any
4-7 tuition charge may reflect only the actual cost of care provided to
4-8 the student, and the Central Education Agency or other appropriate
4-9 governmental agency approved by the commissioner of education may
4-10 audit a program to ensure compliance with this subsection. A
4-11 school district shall use state funds awarded under this section to
4-12 benefit low-income children before using those funds for the care
4-13 of other children. For the purposes of this subsection,
4-14 "low-income children" means children who are eligible to receive
4-15 assistance under the National School Lunch Program under 42 U.S.C.
4-16 Section 1751 et seq.
4-17 (h) A school district may not use funds awarded under this
4-18 section for student transportation unless that transportation is
4-19 incident to an activity related to the curriculum of the child care
4-20 program.
4-21 (i) A school district may use funds awarded under this
4-22 section to contract with a private entity for providing child care
4-23 services. Each of those entities shall adhere to the requirements
4-24 of this section. A contract under this subsection is not effective
4-25 until approved by the Central Education Agency. The agency shall
5-1 review each contract to ensure that the services to be delivered
5-2 comply with this section. Each contract shall be awarded without
5-3 regard to the race or gender of the contracting party,
5-4 notwithstanding any other law.
5-5 (j) Each school district receiving funds under this section
5-6 shall adopt minimum training and skills requirements that each
5-7 individual providing child care or staff assistance for a district
5-8 program under this section must satisfy. The Central Education
5-9 Agency shall determine whether those minimum requirements fulfill
5-10 the aims and policies of this section and shall suspend the payment
5-11 of funds to any district whose minimum requirements fail to fulfill
5-12 the aims and policies of this section. The State Board of
5-13 Education by rule shall adopt criteria by which the agency shall
5-14 evaluate district minimum training and skills requirements. Any
5-15 suspension order is subject to the Administrative Procedure and
5-16 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-17 Statutes). A district may seek review of a suspension order under
5-18 the review process adopted under Subsection (l) of this section.
5-19 (k) The State Board of Education by rule may authorize a
5-20 school district to receive technical and planning assistance from a
5-21 regional education service center.
5-22 (l) This section does not repeal or otherwise affect Section
5-23 21.929 of this code.
5-24 (m) The Central Education Agency shall monitor and review
5-25 programs receiving funds under this section and may suspend funds
6-1 to a school district whose programs fail to comply with this
6-2 section. The State Board of Education by rule shall adopt an
6-3 administrative process to review a suspension. Both a suspension
6-4 order and the administrative review process are subject to the
6-5 Administrative Procedure and Texas Register Act (Article 6252-13a,
6-6 Vernon's Texas Civil Statutes).
6-7 SECTION 2. This Act applies beginning with the 1993-1994
6-8 school year.
6-9 SECTION 3. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended,
6-14 and that this Act take effect and be in force from and after its
6-15 passage, and it is so enacted.