1-1                                   AN ACT
 1-2     relating to prekindergarten programs for public school students.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 29, Education Code, is
 1-5     amended by amending Section 29.153 and adding Sections 29.1531 and
 1-6     29.1532 to read as follows:
 1-7           Sec. 29.153.  FREE PREKINDERGARTEN FOR CERTAIN CHILDREN.
 1-8     (a)  A [Any school district may offer prekindergarten classes, but
 1-9     a] district shall offer prekindergarten classes if the district
1-10     identifies 15 or more [eligible] children who are eligible under
1-11     Subsection (b) and are at least four years of age.  A school
1-12     district may offer prekindergarten classes if the district
1-13     identifies 15 or more eligible children who are at least three
1-14     years of age.  A district may not charge tuition for a
1-15     prekindergarten class offered under this section.
1-16           (b)  A child is eligible for enrollment in a prekindergarten
1-17     class under this section if the child is at least three years of
1-18     age and is:
1-19                 (1)  unable to speak and comprehend the English
1-20     language;
1-21                 (2)  educationally disadvantaged; or
1-22                 (3)  homeless, as defined by 42 U.S.C. Section 11302,
1-23     regardless of the residence of the child, of either parent of the
1-24     child, or of the child's guardian or other person having lawful
1-25     control of the child.
 2-1           (c)  A prekindergarten class under this section shall be
 2-2     operated on a half-day basis.  A district is not required to
 2-3     provide transportation for a prekindergarten class, but
 2-4     transportation, if provided, is included for funding purposes as
 2-5     part of the regular transportation system.
 2-6           (d)  On application of a district, the commissioner may
 2-7     exempt a district from the application of this section if the
 2-8     district would be required to construct classroom facilities in
 2-9     order to provide prekindergarten classes.
2-10           (e)  Each school district shall develop a system to notify
2-11     the population in the district with children who are eligible for
2-12     enrollment in a prekindergarten class under this section of the
2-13     availability of the class.  The system must include public notices
2-14     issued in English and Spanish.
2-15           Sec. 29.1531.  TUITION-SUPPORTED AND DISTRICT-FINANCED
2-16     PREKINDERGARTEN.  (a)  A school district may offer on a tuition
2-17     basis or use district funds to provide:
2-18                 (1)  an additional half-day of prekindergarten classes
2-19     to children eligible for classes under Section 29.153; and
2-20                 (2)  half-day and full-day prekindergarten classes to
2-21     children not eligible for classes under Section 29.153.
2-22           (b)  A district that offers a prekindergarten program on a
2-23     tuition basis:
2-24                 (1)  may not adopt a tuition rate for the program that
2-25     is higher than necessary to cover the added costs of providing the
2-26     program, including any costs associated with collecting, reporting,
 3-1     and analyzing data under Section 29.1532(c); and
 3-2                 (2)  must submit the proposed tuition rate to the
 3-3     commissioner for approval.
 3-4           Sec. 29.1532.  PREKINDERGARTEN PROGRAM REQUIREMENTS.
 3-5     (a) [(f)]  A school district's prekindergarten program shall be
 3-6     designed to develop skills necessary for success in the regular
 3-7     public school curriculum, including language, mathematics, and
 3-8     social skills.
 3-9           (b) [(g)]  If a school district contracts with a private
3-10     entity for the operation of the district's prekindergarten program,
3-11     the program must at a minimum comply with the applicable child-care
3-12     licensing standards adopted by the Department of Protective and
3-13     Regulatory Services under Section 42.042, Human Resources Code.
3-14           (c)  A school district that offers prekindergarten classes
3-15     shall include the following information in the district's Public
3-16     Education Information Management System (PEIMS) report:
3-17                 (1)  demographic information, as determined by the
3-18     commissioner, on students enrolled in district prekindergarten
3-19     classes, including the number of students who are eligible for
3-20     classes under Section 29.153;
3-21                 (2)  the numbers of half-day and full-day
3-22     prekindergarten classes offered by the district; and
3-23                 (3)  the sources of funding for the prekindergarten
3-24     classes.
3-25           SECTION 2.  This Act applies beginning with the 2001-2002
3-26     school year.
 4-1           SECTION 3.  This Act takes effect immediately if it receives
 4-2     a vote of two-thirds of all the members elected to each house, as
 4-3     provided by Section 39, Article III, Texas Constitution.  If this
 4-4     Act does not receive the vote necessary for immediate effect, this
 4-5     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 596 passed the Senate on
         April 2, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 596 passed the House on
         May 16, 2001, by the following vote:  Yeas 141, Nays 0, three
         present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor