By Nelson S.B. No. 747
74R4714 CAS-D
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 Central Education Agency shall establish a pilot program for
1-8 the development of community education child care services as
1-9 provided by this section. From the total amount of funds
1-10 appropriated to the Central Education Agency, the commissioner of
1-11 education shall withhold an amount specified in the General
1-12 Appropriations Act and distribute that amount for programs under
1-13 this section. A program established under this section is required
1-14 only in a school district in which the program is financed by funds
1-15 distributed under this section and any other funds available for
1-16 the program.
1-17 (b) The legislature may make appropriations to the Central
1-18 Education Agency for the purpose of supporting before- and
1-19 after-school child care programs in a school district that is
1-20 operating a community education development project. In this
1-21 subsection, a community education development project does not
1-22 include community education services under Section 11.201.
1-23 (c) The Central Education Agency shall actively seek federal
1-24 grants or funds to operate or expand a program established under
2-1 this section.
2-2 (d) The State Board of Education by rule shall establish a
2-3 procedure for distributing funds to school districts for child care
2-4 programs under this section. The procedure must include a
2-5 statewide competitive process by which the Central Education Agency
2-6 shall evaluate applications for child care programs submitted by
2-7 eligible school districts and award funds to those districts whose
2-8 applications the agency considers to possess the greatest merit.
2-9 The State Board of Education by rule shall establish guidelines and
2-10 objectives that the Central Education Agency shall use in making
2-11 evaluations for funding determination purposes. A school district
2-12 is not entitled to administrative or judicial review of the Central
2-13 Education Agency's funding determination, except to the extent that
2-14 the State Board of Education by rule provides for administrative
2-15 review.
2-16 (e) The Central Education Agency may not consider a school
2-17 district's application for child care funding unless the
2-18 application:
2-19 (1) contains a resolution by the district's board of
2-20 trustees or governing body adopting a particular child care plan;
2-21 (2) states the anticipated funding requirements for
2-22 the district's child care program and provides the agency with the
2-23 data and any analysis used to prepare the funding estimate;
2-24 (3) includes or is accompanied by a statement
2-25 outlining how the proposed project effectuates the goals of this
2-26 section and complies with the guidelines and objectives established
2-27 under Subsection (d);
3-1 (4) provides that the district will provide before-
3-2 and after-school care between the hours of 7 a.m. and 6 p.m. for
3-3 any student in kindergarten through grade eight whose parents or
3-4 legal guardians work, attend school, or participate in a
3-5 job-training program during those hours;
3-6 (5) specifies that the district's child care program
3-7 outlined in the application will maintain a ratio of not less than
3-8 one caregiver per 20 students in kindergarten through grade three
3-9 and a ratio of not less than one caregiver per 25 students in
3-10 grades four through eight and will provide age-appropriate
3-11 educational and recreational activities and homework assistance;
3-12 and
3-13 (6) states that the district has appointed a child
3-14 care administrator.
3-15 (f) A school district's child care administrator shall
3-16 administer and coordinate the program under the authority of the
3-17 district superintendent or another administrator the superintendent
3-18 designates. The child care administrator shall appoint a
3-19 coordinator to oversee the child care activities at each school
3-20 site under the authority of the school's principal. Each district
3-21 is encouraged to collaborate with child care management system
3-22 contractors and Head Start program providers.
3-23 (g) Each school district may provide full-day care for
3-24 students on school holidays and teacher preparation days and during
3-25 periods school is in recess, including summer vacation.
3-26 (h) A school district may supplement any funds received
3-27 under this section with funds received through other government
4-1 assistance programs, program tuition, or private donations. Any
4-2 tuition charge may reflect only the actual cost of care provided to
4-3 the student, and the Central Education Agency or other appropriate
4-4 governmental agency approved by the commissioner of education may
4-5 audit a program to ensure compliance with this subsection. A
4-6 school district shall use state funds awarded under this section to
4-7 benefit low-income children before using those funds for the care
4-8 of other children. For the purposes of this subsection,
4-9 "low-income children" means children who are eligible to receive
4-10 assistance through the national school lunch program under 42
4-11 U.S.C. Section 1751 et seq.
4-12 (i) A school district may not use funds awarded under this
4-13 section for student transportation unless that transportation is
4-14 incident to an activity related to the curriculum of the child care
4-15 program.
4-16 (j) A school district may use funds awarded under this
4-17 section to contract with a private entity for providing child care
4-18 services. Each of those entities shall adhere to the requirements
4-19 of this section. A contract under this subsection is not effective
4-20 until approved by the Central Education Agency. The agency shall
4-21 review each contract to ensure that the services to be delivered
4-22 comply with this section. Each contract shall be awarded without
4-23 regard to the race or gender of the contracting party,
4-24 notwithstanding any other law.
4-25 (k) Each school district receiving funds under this section
4-26 shall adopt minimum training and skills requirements that each
4-27 individual providing child care or staff assistance for a district
5-1 program under this section must satisfy. The Central Education
5-2 Agency shall determine whether those minimum requirements fulfill
5-3 the aims and policies of this section and shall suspend the payment
5-4 of funds to any district whose minimum requirements fail to fulfill
5-5 the aims and policies of this section. The State Board of
5-6 Education by rule shall adopt criteria by which the agency shall
5-7 evaluate district minimum training and skills requirements. Any
5-8 suspension order is subject to Chapter 2001, Government Code. A
5-9 district may seek review of a suspension order under the review
5-10 process adopted under Subsection (n).
5-11 (l) The State Board of Education by rule may authorize a
5-12 school district to receive technical and planning assistance from a
5-13 regional education service center.
5-14 (m) This section does not repeal or otherwise affect Section
5-15 21.929.
5-16 (n) The Central Education Agency shall monitor and review
5-17 programs receiving funds under this section and may suspend funds
5-18 to a school district whose programs fail to comply with this
5-19 section. The State Board of Education by rule shall adopt an
5-20 administrative process to review a suspension. Both a suspension
5-21 order and the administrative review process are subject to Chapter
5-22 2001, Government Code.
5-23 (o) For the state fiscal biennium ending August 31, 1997,
5-24 the commissioner of education may not withhold from funds
5-25 appropriated to the Central Education Agency more than $4 million
5-26 for distribution for programs under this section. This subsection
5-27 expires September 1, 1997.
6-1 SECTION 2. (a) The State Board of Education shall adopt
6-2 rules as necessary to implement Section 11.2011, Education Code, as
6-3 added by this Act, not later than January 1, 1996.
6-4 (b) Funds shall be distributed under Section 11.2011,
6-5 Education Code, as added by this Act, beginning with the 1996-1997
6-6 school year.
6-7 SECTION 3. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force from and after its
6-13 passage, and it is so enacted.