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.