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.