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.