1-1     By:  Duncan, Lindsay                                   S.B. No. 596
 1-2           (In the Senate - Filed February 8, 2001; February 12, 2001,
 1-3     read first time and referred to Committee on Education;
 1-4     March 26, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; March 26, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 596                   By:  Sibley
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to prekindergarten programs for public school students.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter E, Chapter 29, Education Code, is
1-13     amended by amending Section 29.153 and adding Sections 29.1531 and
1-14     29.1532 to read as follows:
1-15           Sec. 29.153.  FREE PREKINDERGARTEN FOR CERTAIN CHILDREN.
1-16     (a)  A [Any school district may offer prekindergarten classes, but
1-17     a] district shall offer prekindergarten classes if the district
1-18     identifies 15 or more [eligible] children who are eligible under
1-19     Subsection (b) and are at least four years of age.  A school
1-20     district may offer prekindergarten classes if the district
1-21     identifies 15 or more eligible children who are at least three
1-22     years of age.  A district may not charge tuition for a
1-23     prekindergarten class offered under this section.
1-24           (b)  A child is eligible for enrollment in a prekindergarten
1-25     class under this section if the child is at least three years of
1-26     age and is:
1-27                 (1)  unable to speak and comprehend the English
1-28     language;
1-29                 (2)  educationally disadvantaged; or
1-30                 (3)  homeless, as defined by 42 U.S.C. Section 11302,
1-31     regardless of the residence of the child, of either parent of the
1-32     child, or of the child's guardian or other person having lawful
1-33     control of the child.
1-34           (c)  A prekindergarten class under this section shall be
1-35     operated on a half-day basis.  A district is not required to
1-36     provide transportation for a prekindergarten class, but
1-37     transportation, if provided, is included for funding purposes as
1-38     part of the regular transportation system.
1-39           (d)  On application of a district, the commissioner may
1-40     exempt a district from the application of this section if the
1-41     district would be required to construct classroom facilities in
1-42     order to provide prekindergarten classes.
1-43           (e)  Each school district shall develop a system to notify
1-44     the population in the district with children who are eligible for
1-45     enrollment in a prekindergarten class under this section of the
1-46     availability of the class.  The system must include public notices
1-47     issued in English and Spanish.
1-48           Sec. 29.1531.  TUITION-SUPPORTED AND DISTRICT-FINANCED
1-49     PREKINDERGARTEN.  (a)  A school district may offer on a tuition
1-50     basis or use district funds to provide:
1-51                 (1)  an additional half-day of prekindergarten classes
1-52     to children eligible for classes under Section 29.153; and
1-53                 (2)  half-day and full-day prekindergarten classes to
1-54     children not eligible for classes under Section 29.153.
1-55           (b)  A district that offers a prekindergarten program on a
1-56     tuition basis:
1-57                 (1)  may not adopt a tuition rate for the program that
1-58     is higher than necessary to cover the added costs of providing the
1-59     program, including any costs associated with collecting, reporting,
1-60     and analyzing data under Section 29.1532(c); and
1-61                 (2)  must submit the proposed tuition rate to the
1-62     commissioner for approval.
1-63           Sec. 29.1532.  PREKINDERGARTEN PROGRAM REQUIREMENTS.
1-64     (a) [(f)]  A school district's prekindergarten program shall be
 2-1     designed to develop skills necessary for success in the regular
 2-2     public school curriculum, including language, mathematics, and
 2-3     social skills.
 2-4           (b) [(g)]  If a school district contracts with a private
 2-5     entity for the operation of the district's prekindergarten program,
 2-6     the program must at a minimum comply with the applicable child-care
 2-7     licensing standards adopted by the Department of Protective and
 2-8     Regulatory Services under Section 42.042, Human Resources Code.
 2-9           (c)  A school district that offers prekindergarten classes
2-10     shall include the following information in the district's Public
2-11     Education Information Management System (PEIMS) report:
2-12                 (1)  demographic information, as determined by the
2-13     commissioner, on students enrolled in district prekindergarten
2-14     classes, including the number of students who are eligible for
2-15     classes under Section 29.153;
2-16                 (2)  the numbers of half-day and full-day
2-17     prekindergarten classes offered by the district; and
2-18                 (3)  the sources of funding for the prekindergarten
2-19     classes.
2-20           SECTION 2.  This Act applies beginning with the 2001-2002
2-21     school year.
2-22           SECTION 3.  This Act takes effect immediately if it receives
2-23     a vote of two-thirds of all the members elected to each house, as
2-24     provided by Section 39, Article III, Texas Constitution.  If this
2-25     Act does not receive the vote necessary for immediate effect, this
2-26     Act takes effect September 1, 2001.
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