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.