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.