By Nelson S.B. No. 191
74R2231 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to community education child care services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 11, Education Code, is
1-5 amended by adding Section 11.2011 to read as follows:
1-6 Sec. 11.2011. COMMUNITY EDUCATION CHILD CARE SERVICES. (a)
1-7 The legislature may make appropriations to the Central Education
1-8 Agency for the purpose of supporting before- and after-school child
1-9 care programs in a school district that is operating a community
1-10 education development project. In this subsection, a community
1-11 education development project does not include community education
1-12 services under Section 11.201.
1-13 (b) The State Board of Education by rule shall establish a
1-14 procedure for distributing funds to school districts for child care
1-15 programs under this section. The procedure must include a
1-16 statewide competitive process by which the Central Education Agency
1-17 shall evaluate applications for child care programs submitted by
1-18 eligible school districts and award funds to those districts whose
1-19 applications the agency considers to possess the greatest merit.
1-20 The State Board of Education by rule shall establish guidelines and
1-21 objectives that the Central Education Agency shall use in making
1-22 evaluations for funding determination purposes. A school district
1-23 is not entitled to administrative or judicial review of the Central
1-24 Education Agency's funding determination, except to the extent that
2-1 the State Board of Education by rule provides for administrative
2-2 review.
2-3 (c) The Central Education Agency may not consider a school
2-4 district's application for child care funding unless the
2-5 application:
2-6 (1) contains a resolution by the district's board of
2-7 trustees or governing body adopting a particular child care plan;
2-8 (2) states the anticipated funding requirements for
2-9 the district's child care program and provides the agency with the
2-10 data and any analysis used to prepare the funding estimate;
2-11 (3) includes or is accompanied by a statement
2-12 outlining how the proposed project effectuates the goals of this
2-13 section and complies with the guidelines and objectives established
2-14 under Subsection (b);
2-15 (4) provides that the district will provide before-
2-16 and after-school care between the hours of 7 a.m. and 6 p.m. for
2-17 any student in kindergarten through grade eight whose parents or
2-18 legal guardians work, attend school, or participate in a
2-19 job-training program during those hours;
2-20 (5) specifies that the district's child care program
2-21 outlined in the application will maintain a ratio of not less than
2-22 one caregiver per 20 students in kindergarten through grade three
2-23 and a ratio of not less than one caregiver per 25 students in
2-24 grades four through eight and will provide age-appropriate
2-25 educational and recreational activities and homework assistance;
2-26 and
2-27 (6) states that the district has appointed a child
3-1 care administrator.
3-2 (d) A school district's child care administrator shall
3-3 administer and coordinate the program under the authority of the
3-4 district superintendent or another administrator the superintendent
3-5 designates. The child care administrator shall appoint a
3-6 coordinator to oversee the child care activities at each school
3-7 site under the authority of the school's principal. Each district
3-8 is encouraged to collaborate with child care management system
3-9 contractors and Head Start program providers.
3-10 (e) Each school district may provide full-day care for
3-11 students on school holidays and teacher preparation days and during
3-12 periods school is in recess, including summer vacation.
3-13 (f) A school district may supplement any funds received
3-14 under this section with funds received through other government
3-15 assistance programs, program tuition, or private donations. Any
3-16 tuition charge may reflect only the actual cost of care provided to
3-17 the student, and the Central Education Agency or other appropriate
3-18 governmental agency approved by the commissioner of education may
3-19 audit a program to ensure compliance with this subsection. A
3-20 school district shall use state funds awarded under this section to
3-21 benefit low-income children before using those funds for the care
3-22 of other children. For the purposes of this subsection,
3-23 "low-income children" means children who are eligible to receive
3-24 assistance through the national school lunch program under 42
3-25 U.S.C. Section 1751 et seq.
3-26 (g) A school district may not use funds awarded under this
3-27 section for student transportation unless that transportation is
4-1 incident to an activity related to the curriculum of the child care
4-2 program.
4-3 (h) A school district may use funds awarded under this
4-4 section to contract with a private entity for providing child care
4-5 services. Each of those entities shall adhere to the requirements
4-6 of this section. A contract under this subsection is not effective
4-7 until approved by the Central Education Agency. The agency shall
4-8 review each contract to ensure that the services to be delivered
4-9 comply with this section. Each contract shall be awarded without
4-10 regard to the race or gender of the contracting party,
4-11 notwithstanding any other law.
4-12 (i) Each school district receiving funds under this section
4-13 shall adopt minimum training and skills requirements that each
4-14 individual providing child care or staff assistance for a district
4-15 program under this section must satisfy. The Central Education
4-16 Agency shall determine whether those minimum requirements fulfill
4-17 the aims and policies of this section and shall suspend the payment
4-18 of funds to any district whose minimum requirements fail to fulfill
4-19 the aims and policies of this section. The State Board of
4-20 Education by rule shall adopt criteria by which the agency shall
4-21 evaluate district minimum training and skills requirements. Any
4-22 suspension order is subject to Chapter 2001, Government Code. A
4-23 district may seek review of a suspension order under the review
4-24 process adopted under Subsection (l).
4-25 (j) The State Board of Education by rule may authorize a
4-26 school district to receive technical and planning assistance from a
4-27 regional education service center.
5-1 (k) This section does not repeal or otherwise affect Section
5-2 21.929.
5-3 (l) The Central Education Agency shall monitor and review
5-4 programs receiving funds under this section and may suspend funds
5-5 to a school district whose programs fail to comply with this
5-6 section. The State Board of Education by rule shall adopt an
5-7 administrative process to review a suspension. Both a suspension
5-8 order and the administrative review process are subject to Chapter
5-9 2001, Government Code.
5-10 SECTION 2. (a) The State Board of Education shall adopt
5-11 rules as necessary to implement Section 11.2011, Education Code, as
5-12 added by this Act, not later than January 1, 1996.
5-13 (b) Funds shall be distributed under Section 11.2011,
5-14 Education Code, as added by this Act, beginning with the 1996-1997
5-15 school year.
5-16 SECTION 3. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended,
5-21 and that this Act take effect and be in force from and after its
5-22 passage, and it is so enacted.