By: Nelson S.B. No. 994 A BILL TO BE ENTITLED AN ACT 1-1 relating to the establishment of community education child care 1-2 services. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 11.201 of the Education Code is amended 1-5 by adding subsection (a-1), to read as follows: 1-6 Section 11.201. COMMUNITY EDUCATION SERVICES. (a-1) 1-7 COMMUNITY EDUCATION CHILD CARE. In addition to projects funded 1-8 under subsection (a), the Legislature shall appropriate funds to 1-9 the Texas Education Agency from the Foundation School Fund for the 1-10 purpose of supporting before- and after-school child care programs 1-11 in public school districts described in subsection (a) that provide 1-12 community education services under this section. 1-13 (1) A district is eligible to receive funds under this 1-14 subsection if it maintains a program to provide community education 1-15 services that is in compliance with all requirements of this code 1-16 and all rules promulgated by the Central Education Agency. 1-17 (2) The State Board of Education shall establish by 1-18 rule procedures for distributing child care funds to public school 1-19 districts under this subsection. Such procedures shall include a 1-20 statewide competitive process by which the agency evaluates 1-21 applications for child care submitted by districts and awards funds 1-22 to those districts whose applications are deemed to possess the 1-23 most merit. Such applications must comply with the provisions of 2-1 subdivision (3) of this subsection. The agency's award 2-2 determinations shall be final and no party shall have the right to 2-3 obtain administrative or judicial review, except through such 2-4 administrative review process as the Board may provide by rule. 2-5 The Board shall establish by rule guidelines and objectives for the 2-6 agency's evaluation of the merit of applications. The agency shall 2-7 make funding determinations in accordance with those guidelines and 2-8 objectives. 2-9 (3) The agency shall not consider an application for 2-10 child care funding unless it contains, at a minimum: 2-11 (A) A resolution by the district's Board of 2-12 Trustees or governing body adopting a particular child care plan. 2-13 (B) Each plan shall state the anticipated 2-14 funding requirements and shall provide the agency with the data and 2-15 any analysis used to prepare the funding estimate. 2-16 (C) Each plan shall include or be accompanied by 2-17 a statement outlining how the proposed project effectuates the 2-18 goals of this section and complies with the guidelines and 2-19 objectives promulgated pursuant to subdivision (2) of this 2-20 subsection. 2-21 (D) the application must provide that the 2-22 district will provide before- and after-school care between the 2-23 hours of 7:00 a.m. and 6:00 p.m. for any child enrolled as a 2-24 student in kindergarten through grade 8 whose parents or legal 2-25 guardians work, attend school or participate in a job-training 3-1 program during those hours. The district may provide full-day care 3-2 for such students on school holidays, teacher in-service days and 3-3 summer vacation. 3-4 (E) All child care programs outlined in the 3-5 application shall adhere to a ratio of no less than one care-giver 3-6 per twenty children enrolled as students in kindergarten through 3-7 grade 3, and a ratio of no less than one care-giver per twenty-five 3-8 children enrolled as students in grades 4-8. Each program 3-9 described in the application shall provide age-appropriate 3-10 educational and recreational activities, as well as homework 3-11 assistance. 3-12 (F) The district shall set forth in its 3-13 application its appointment of a Child Care Administrator, who 3-14 shall administer and coordinate the program under the authority of 3-15 the District Superintendent or another administrator of the 3-16 Superintendent's designation. Additionally, the Child Care 3-17 Administrator shall appoint a Coordinator to oversee the child care 3-18 activities at each school site, who shall be under the authority of 3-19 the school's principal. Districts are encouraged to collaborate 3-20 with Child Care management system contractors and Head Start 3-21 providers. 3-22 (4) Districts may supplement any funds received under 3-23 this subsection with funds received through assessing tuition, 3-24 received through other government assistance programs, or received 3-25 from private donations. Any tuition charges shall reflect only the 4-1 cost of care actually provided to the student, and the Texas 4-2 Education Agency or other appropriate governmental agency may audit 4-3 such programs to ensure compliance with this provision. State 4-4 funds awarded under this subsection shall first support low-income 4-5 children. For the purposes of this subsection, "low-income 4-6 children" shall refer to those children who are eligible to receive 4-7 assistance under the National School Lunch Program, 42 U.S.C. Sec. 4-8 1751, et seq. 4-9 (5) Funds awarded to districts under this subsection 4-10 may not be used for student transportation to or from school, 4-11 unless that transportation is incident to a curriculum-related 4-12 program or activity. 4-13 (6) Funds awarded to districts under this subsection 4-14 may be used to contract with private entities for their provision 4-15 of child care services. Such entities must adhere to the 4-16 requirements of this subsection. Any such contract shall have no 4-17 effect until approved by the agency, which shall review the 4-18 contract to ensure that the services to be delivered will comply 4-19 with this subsection. Such contracts shall be awarded without 4-20 regard to the race or gender of the contracting party, 4-21 notwithstanding any other provision of law. 4-22 (7) All child care givers and other staff must comply 4-23 with all applicable certification requirements. 4-24 (8) The Board may by rule authorize districts to 4-25 receive technical and planning assistance from Regional Education 5-1 Service Centers. 5-2 (9) This subsection does not affect or otherwise 5-3 repeal the provisions of Section 21.928 of this code. 5-4 (10) The agency shall monitor and review programs 5-5 receiving funds under this subsection and may suspend funds to 5-6 districts whose programs fail to comply with the provisions of this 5-7 section. The Board shall provide by rule an administrative process 5-8 to review such suspensions. Both a suspension order and the 5-9 administrative review process shall comply with the provisions of 5-10 the Administrative Procedure and Texas Register Act. 5-11 SECTION 2. This act shall take effect September 1, 1993. 5-12 SECTION 3. The importance of this legislation and the 5-13 crowded condition of the calendars in both houses create an 5-14 emergency and an imperative public necessity that the 5-15 constitutional rule requiring bills to be read on three several 5-16 days in each house be suspended, and this rule is hereby suspended.