By Garcia                                             H.B. No. 1294
         77R2592 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to public school prekindergarten programs.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 29.153, Education Code, is amended to
 1-5     read as follows:
 1-6           Sec. 29.153.  PREKINDERGARTEN.  (a) Each [Any] school
 1-7     district [may offer prekindergarten classes, but a district] shall
 1-8     offer prekindergarten classes to [if the district identifies 15 or
 1-9     more eligible] children who are at least four years of age on
1-10     September 1 of the school year.  [A school district may offer
1-11     prekindergarten classes if the district identifies 15 or more
1-12     eligible children who are at least three years of age.]
1-13           (b)  [A child is eligible for enrollment in a prekindergarten
1-14     class if the child is at least three years of age and is:]
1-15                 [(1)  unable to speak and comprehend the English
1-16     language;]
1-17                 [(2)  educationally disadvantaged; or]
1-18                 [(3)  homeless, as defined by 42 U.S.C. Section 11302,
1-19     regardless of the residence of the child, of either parent of the
1-20     child, or of the child's guardian or other person having lawful
1-21     control of the child.]
1-22           [(c)]  A prekindergarten class shall be operated on a
1-23     half-day basis.  A district is not required to provide
1-24     transportation for a prekindergarten class, but transportation, if
 2-1     provided, is included for funding purposes as part of the regular
 2-2     transportation system.
 2-3           (c)  [(d)  On application of a district, the commissioner may
 2-4     exempt a district from the application of this section if the
 2-5     district would be required to construct classroom facilities in
 2-6     order to provide prekindergarten classes.]
 2-7           [(e)  Each school district shall develop a system to notify
 2-8     the population in the district with children who are eligible for
 2-9     enrollment in a prekindergarten class of the availability of the
2-10     class.  The system must include public notices issued in English
2-11     and Spanish.]
2-12           [(f)]  A district's prekindergarten program shall be designed
2-13     to develop skills necessary for success in the regular public
2-14     school curriculum, including language, mathematics, and social
2-15     skills.
2-16           (d) [(g)]  If a school district contracts with a private
2-17     entity for the operation of the district's prekindergarten program,
2-18     the program must at a minimum comply with the applicable child-care
2-19     licensing standards adopted by the Department of Protective and
2-20     Regulatory Services under Section 42.042, Human Resources Code.
2-21           SECTION 2.  This Act applies beginning with the 2001-2002
2-22     school year.
2-23           SECTION 3.  This Act takes effect immediately if it receives
2-24     a vote of two-thirds of all the members elected to each house, as
2-25     provided by Section 39, Article III, Texas Constitution.  If this
2-26     Act does not receive the vote necessary for immediate effect, this
2-27     Act takes effect September 1, 2001.