1-1 By: Nelson, Zaffirini, Shapiro S.B. No. 994
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Education; May 6, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 994 By: Shapiro
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to community education child care services.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter A, Chapter 11, Education Code, is
1-25 amended by adding Section 11.2011 to read as follows:
1-26 Sec. 11.2011. COMMUNITY EDUCATION CHILD CARE SERVICES.
1-27 (a) The Central Education Agency shall establish a pilot program
1-28 for the development of community education child care services as
1-29 outlined in this section. From the total amount of funds
1-30 appropriated to the Central Education Agency, the commissioner of
1-31 education shall withhold an amount specified in the General
1-32 Appropriations Act, which for the 1994-1995 biennium may not exceed
1-33 $4 million, and distribute that amount for programs under this
1-34 section. The program established under this section is required
1-35 only in school districts in which the program is financed by funds
1-36 distributed under this section and any other funds available for
1-37 the program.
1-38 (b) The legislature may make appropriations to the Central
1-39 Education Agency for the purpose of supporting before-school and
1-40 after-school child care programs in a school district that is
1-41 operating a community education development project. In this
1-42 subsection, a community education development project does not
1-43 include community education services under Section 11.201 of this
1-44 code. The Central Education Agency shall actively seek federal
1-45 grants or funds to operate and expand the programs established
1-46 under this section.
1-47 (c) The State Board of Education by rule shall establish a
1-48 procedure for distributing funds to school districts for child care
1-49 programs under this section. The procedure must include a
1-50 statewide competitive process by which the Central Education Agency
1-51 shall evaluate applications for child care programs submitted by
1-52 eligible school districts and award funds to those districts whose
1-53 applications the agency considers to possess the greatest merit.
1-54 The State Board of Education by rule shall establish guidelines and
1-55 objectives that the Central Education Agency shall use in making
1-56 evaluations for funding determination purposes. A school district
1-57 is not entitled to administrative or judicial review of the Central
1-58 Education Agency's funding determination, except to the extent that
1-59 the State Board of Education by rule provides for administrative
1-60 review.
1-61 (d) The Central Education Agency may not consider a school
1-62 district's application for child care funding unless the
1-63 application:
1-64 (1) contains a resolution by the district's board of
1-65 trustees or governing body adopting a particular child care plan;
1-66 (2) states the anticipated funding requirements for
1-67 the district's child care program and provides the agency with the
1-68 data and any analysis used to prepare the funding estimate;
2-1 (3) includes or is accompanied by a statement
2-2 outlining how the proposed project effectuates the goals of this
2-3 section and complies with the guidelines and objectives established
2-4 under Subsection (c) of this section;
2-5 (4) provides that the district will provide
2-6 before-school and after-school care between the hours of 7 a.m. and
2-7 6 p.m. for any student in kindergarten through grade eight whose
2-8 parents or legal guardians work, attend school, or participate in a
2-9 job-training program during those hours;
2-10 (5) specifies that the district's child care program
2-11 outlined in the application will maintain a ratio of not less than
2-12 one caregiver per 20 students in kindergarten through grade three
2-13 and a ratio of not less than one caregiver per 25 students in
2-14 grades four through eight and will provide age-appropriate
2-15 educational and recreational activities and homework assistance;
2-16 and
2-17 (6) states that the district has appointed a child
2-18 care administrator.
2-19 (e) A school district's child care administrator shall
2-20 administer and coordinate the program under the authority of the
2-21 district superintendent or another administrator the superintendent
2-22 designates. The child care administrator shall appoint a
2-23 coordinator to oversee the child care activities at each school
2-24 site under the authority of the school's principal. Each district
2-25 is encouraged to collaborate with child care management system
2-26 contractors and Head Start program providers.
2-27 (f) Each school district may provide full-day care for
2-28 students on school holidays and teacher preparation days and during
2-29 summer vacation.
2-30 (g) A school district may supplement any funds received
2-31 under this section with funds received through program tuition,
2-32 other government assistance programs, or private donations. Any
2-33 tuition charge may reflect only the actual cost of care provided to
2-34 the student, and the Central Education Agency or other appropriate
2-35 governmental agency approved by the commissioner of education may
2-36 audit a program to ensure compliance with this subsection. A
2-37 school district shall use state funds awarded under this section to
2-38 benefit low-income children before using those funds for the care
2-39 of other children. For the purposes of this subsection,
2-40 "low-income children" means children who are eligible to receive
2-41 assistance under the National School Lunch Program under 42 U.S.C.
2-42 Section 1751 et seq.
2-43 (h) A school district may not use funds awarded under this
2-44 section for student transportation unless that transportation is
2-45 incident to an activity related to the curriculum of the child care
2-46 program.
2-47 (i) A school district may use funds awarded under this
2-48 section to contract with a private entity for providing child care
2-49 services. Each of those entities shall adhere to the requirements
2-50 of this section. A contract under this subsection is not effective
2-51 until approved by the Central Education Agency. The agency shall
2-52 review each contract to ensure that the services to be delivered
2-53 comply with this section. Each contract shall be awarded without
2-54 regard to the race or gender of the contracting party,
2-55 notwithstanding any other law.
2-56 (j) Each school district receiving funds under this section
2-57 shall adopt minimum training and skills requirements that each
2-58 individual providing child care or staff assistance for a district
2-59 program under this section must satisfy. The Central Education
2-60 Agency shall determine whether those minimum requirements fulfill
2-61 the aims and policies of this section and shall suspend the payment
2-62 of funds to any district whose minimum requirements fail to fulfill
2-63 the aims and policies of this section. The State Board of
2-64 Education by rule shall adopt criteria by which the agency shall
2-65 evaluate district minimum training and skills requirements. Any
2-66 suspension order is subject to the Administrative Procedure and
2-67 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
2-68 Statutes). A district may seek review of a suspension order under
2-69 the review process adopted under Subsection (l) of this section.
2-70 (k) The State Board of Education by rule may authorize a
3-1 school district to receive technical and planning assistance from a
3-2 regional education service center.
3-3 (l) This section does not repeal or otherwise affect Section
3-4 21.929 of this code.
3-5 (m) The Central Education Agency shall monitor and review
3-6 programs receiving funds under this section and may suspend funds
3-7 to a school district whose programs fail to comply with this
3-8 section. The State Board of Education by rule shall adopt an
3-9 administrative process to review a suspension. Both a suspension
3-10 order and the administrative review process are subject to the
3-11 Administrative Procedure and Texas Register Act (Article 6252-13a,
3-12 Vernon's Texas Civil Statutes).
3-13 SECTION 2. This Act applies beginning with the 1993-1994
3-14 school year.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.
3-22 * * * * *
3-23 Austin,
3-24 Texas
3-25 May 6, 1993
3-26 Hon. Bob Bullock
3-27 President of the Senate
3-28 Sir:
3-29 We, your Committee on Education to which was referred S.B. No. 994,
3-30 have had the same under consideration, and I am instructed to
3-31 report it back to the Senate with the recommendation that it do not
3-32 pass, but that the Committee Substitute adopted in lieu thereof do
3-33 pass and be printed.
3-34 Ratliff,
3-35 Chairman
3-36 * * * * *
3-37 WITNESSES
3-38 FOR AGAINST ON
3-39 ___________________________________________________________________
3-40 Name: Evelyn Nieves Taylor x
3-41 Representing: C.E. Minority Leadership Train
3-42 City: San Antonio
3-43 -------------------------------------------------------------------
3-44 Name: Rene Sanchez x
3-45 Representing: Northside ISD
3-46 City: San Antonio
3-47 -------------------------------------------------------------------
3-48 Name: Janet B. Palmer x
3-49 Representing: Austin Community Ed.
3-50 City: Austin
3-51 -------------------------------------------------------------------
3-52 Name: Heather Wayman x
3-53 Representing: Academy of Creative Ed.
3-54 City: San Antonio
3-55 -------------------------------------------------------------------
3-56 Name: Beverly Oliver x
3-57 Representing: Community Education
3-58 City: San Antonio
3-59 -------------------------------------------------------------------
3-60 Name: James T. Washington x
3-61 Representing: After School Program
3-62 City: San Antonio
3-63 -------------------------------------------------------------------
3-64 FOR AGAINST ON
3-65 ___________________________________________________________________
3-66 Name: Stephanie Cady x
3-67 Representing: NEISD Community Ed.
3-68 City: San Antonio
3-69 -------------------------------------------------------------------
3-70 Name: Anna Sue Thompson x
4-1 Representing: Bay City ISD
4-2 City: Bay City
4-3 -------------------------------------------------------------------
4-4 Name: Sandy Bell x
4-5 Representing: NEISD Community Education
4-6 City: San Antonio
4-7 -------------------------------------------------------------------
4-8 Name: Sarah Fox Davis x
4-9 Representing: NEISD
4-10 City: San Antonio
4-11 -------------------------------------------------------------------
4-12 Name: Mary Don Canavan x
4-13 Representing: NEISD Community Ed.
4-14 City: San Antonio
4-15 -------------------------------------------------------------------
4-16 Name: Becky Stoughton x
4-17 Representing: Community Education
4-18 City: Flower Mound
4-19 -------------------------------------------------------------------
4-20 Name: Laura Eisenberg x
4-21 Representing: Community Education-Child Car
4-22 City: Austin
4-23 -------------------------------------------------------------------
4-24 Name: Deborah M. Hernandez x
4-25 Representing:
4-26 City: San Antonio
4-27 -------------------------------------------------------------------
4-28 Name: Michelle Hernandez x
4-29 Representing:
4-30 City: San Antonio
4-31 -------------------------------------------------------------------
4-32 Name: Mary Kay Ogden x
4-33 Representing:
4-34 City: San Antonio
4-35 -------------------------------------------------------------------
4-36 Name: Jason Bryant Ogden x
4-37 Representing:
4-38 City: San Antonio
4-39 -------------------------------------------------------------------
4-40 Name: Margaret D. Martin x
4-41 Representing: After School Care
4-42 City: San Antonio
4-43 -------------------------------------------------------------------
4-44 Name: Anne Tarr x
4-45 Representing: Dependent Care Mgt. Gp.
4-46 City: San Antonio
4-47 -------------------------------------------------------------------
4-48 Name: Alonzo C. Wood x
4-49 Representing: College Station ISD
4-50 City: Lexington
4-51 -------------------------------------------------------------------
4-52 Name: Karon Lowe x
4-53 Representing: Texas Comm. Ed. Assn.
4-54 City: Cleburne, Texas
4-55 -------------------------------------------------------------------
4-56 Name: Sandy Kibby x
4-57 Representing: Texas PTA
4-58 City: Austin
4-59 -------------------------------------------------------------------
4-60 Name: Terry Green x
4-61 Representing: VHETAT
4-62 City: Austin
4-63 -------------------------------------------------------------------
4-64 FOR AGAINST ON
4-65 ___________________________________________________________________
4-66 Name: Walter Hinojosa x
4-67 Representing: Texas Fed. JF Teachers
4-68 City: Austin
4-69 -------------------------------------------------------------------
4-70 Name: Charlotte Brantley x
5-1 Representing: Texas Dept. Human Services
5-2 City: Austin
5-3 -------------------------------------------------------------------
5-4 Name: Sally M. Luedke
5-5 Representing: YMCA
5-6 City: San Antonio
5-7 -------------------------------------------------------------------
5-8 Name: Michele Vinet x
5-9 Representing: Corporate Fund for Children
5-10 City: Austin
5-11 -------------------------------------------------------------------
5-12 Name: Mark M. Little x
5-13 Representing: Northeast ISD Community Ed.
5-14 City: San Antonio
5-15 -------------------------------------------------------------------
5-16 Name: Diana K. Wenzel x
5-17 Representing: Texas A&M University
5-18 City: College Station
5-19 -------------------------------------------------------------------
5-20 Name: Loretta G. Huddleston x
5-21 Representing: NEISD Community Ed.
5-22 City: San Antonio
5-23 -------------------------------------------------------------------