By Wentworth                                           S.B. No. 172
         77R1741 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility for public prekindergarten classes.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 29.153(a) and (b), Education Code, are
 1-5     amended to read as follows:
 1-6           (a)  Any school district may offer prekindergarten classes,
 1-7     but a district shall offer prekindergarten classes if the district
 1-8     identifies 15 or more [eligible] children who are at least three
 1-9     [four] years of age and who are:
1-10                 (1)  unable to speak and comprehend the English
1-11     language;
1-12                 (2)  educationally disadvantaged; or
1-13                 (3)  homeless, as defined by 42 U.S.C. Section 11302,
1-14     regardless of the residence of the child, of either parent of the
1-15     child, or of the child's guardian or other person having lawful
1-16     control of the child.  [A school district may offer prekindergarten
1-17     classes if the district identifies 15 or more eligible children who
1-18     are at least three years of age.]
1-19           (b)  A child is eligible for enrollment in a prekindergarten
1-20     class in a district that offers prekindergarten classes if the
1-21     child is at least three years of age [and is:]
1-22                 [(1)  unable to speak and comprehend the English
1-23     language;]
1-24                 [(2)  educationally disadvantaged; or]
 2-1                 [(3)  homeless, as defined by 42 U.S.C. Section 11302,
 2-2     regardless of the residence of the child, of either parent of the
 2-3     child, or of the child's guardian or other person having lawful
 2-4     control of the child].
 2-5           SECTION 2.  This Act applies beginning with the 2001-2002
 2-6     school year.
 2-7           SECTION 3.  This Act takes effect immediately if it receives
 2-8     a vote of two-thirds of all the members elected to each house, as
 2-9     provided by Section 39, Article III, Texas Constitution.  If this
2-10     Act does not receive the vote necessary for immediate effect, this
2-11     Act takes effect September 1, 2001.