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