C.S.S.B. 76 78(R)    BILL ANALYSIS


C.S.S.B. 76
By: Zaffirini
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current Texas law may make it difficult for some parents to determine
whether their children are eligible for certain subsidized child care and
early childhood development programs due to the structure of such
programs. C.S.S.B. 76 allows certain state agencies to coordinate with
early childhood development program providers regarding prekindergarten,
Head Start, and after-school child-care programs, and to streamline
eligibility and registration procedures for such programs. In addition,
this bill allows for the coordination of agencies and service providers in
a quality rating demonstration project or a coordination of resources
demonstration project. C.S.S.B. 76 also requires the establishment of an
advisory committee on child-care coordination to evaluate the feasibility
of coordinating child-care programs. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

C.S.S.B. 76 amends the Education Code by authorizing a school district,
before establishing a new prekindergarten program, to investigate the
possibility of sharing use of an existing Head Start or other child-care
program site as a prekindergarten site. 

The bill authorizes the commissioner of education (commissioner) to
provide for: coordinating early childhood care and education programs;
developing and disseminating prekindergarten instructional materials and
school-readiness information for parents; and developing standards for
model early childhood care and education coordination. The bill requires
the model program standards focus on pre-literacy skills, including
language acquisition, vocabulary development, and phonological awareness.
The bill authorizes a school district or open-enrollment charter school,
in carrying out these provisions, to use funds granted to the district or
school under this added subsection in contracting with another entity,
including a private entity. If a school district or open-enrollment
charter school returns to the commissioner funds granted under this
section, the commissioner may grant those funds to another entity. 

The bill authorizes the commissioner to waive a law or rule relating to
early childhood care and education programs to the extent necessary to
comply with federal law or to the extent that the law or rule is more
restrictive than federal law. The bill authorizes the commissioner,
notwithstanding any restriction imposed by this title, to administer
grants for early childhood care and education programs under Section
29.155 or 29.156, including Head Start and Early Head Start programs, in a
manner that provides the greatest flexibility allowed under federal law. 

The bill requires each prekindergarten program provider, Head Start and
Early Head Start program provider, and provider of an after-school
child-care program provided at a school, in a manner consistent with
federal law and regulation, to coordinate with the Texas Education Agency
(TEA), the Texas Workforce Commission (TWC), and local workforce
development boards regarding subsidized child-care services. The bill sets
forth elements that must be included in the coordination required by this
section and elements that may be included. The bill requires TEA, TWC,
local  workforce development boards, and each prekindergarten program
provider, Head Start and Early Head Start program provider, and provider
of an after-school child-care program provided at a school, in
coordinating child-care services and in making any related decision to
contract with another provider for child-care services, to consider the
quality of the services involved in the proposed coordination or
contracting decision and to give preference to services of the highest
quality. The bill authorizes any appropriate indicator of quality services
to be considered and sets forth indicators that may be considered. The
bill provides that any coordination required by this section that involves
a prekindergarten program must be approved by the commissioner. 

The bill requires each provider of government-funded child-care services,
at the time that a child is enrolled with the provider, to furnish the
child's parent certain information. The bill requires a provider that does
not have sufficient resources to provide this information to furnish
parents with certain other information or referrals. 

The bill authorizes the State Center for Early Childhood Development
(SCECD), in conjunction with a school district, regional education service
center, institution of higher education, local government, local workforce
development board, or community organization, to develop a quality rating
system demonstration project under which prekindergarten program
providers, licensed child-care facilities, or Head Start and Early Head
Start program providers are assessed under a quality rating system. The
bill entitles SCECD, in developing the quality rating system demonstration
project, to certain access, assistance, and support. 

The bill authorizes a school district, regional education service center,
institution of higher education, local government, local workforce
development board, or community organization to develop one or more
coordination of resources demonstration projects under which
government-funded child-care services are operated in a coordinated
manner. The bill requires an entity that develops such a proposed
demonstration project to obtain approval of the project from the state
agency or agencies with regulatory jurisdiction over the subject matter
involved in the project. 

The bill entitles an entity that obtains approval of a coordination of
resources demonstration project to a waiver or modification of any
existing rule, policy, or procedure of TEA, TWC, or the Department of
Protective and Regulatory Services that impairs the coordinated provision
of government-funded child-care services, provided that the waiver or
modification does not adversely affect the health, safety, or welfare of
the children receiving services under the project. The bill requires the
appropriate state agency, in addition, if applicable, to seek on behalf of
the entity any available federal waiver from a federal rule, policy, or
procedure imposed in connection with a Head Start program that impairs the
coordinated provision of government-funded child-care services. 

The bill requires SCECD and any other entity that implements such a
demonstration project to provide a report to the legislature and to the
state agency or agencies with regulatory jurisdiction over the subject
matter involved in the project. The bill sets forth items that the report
must include and requires the report to be provided at the time specified
jointly by the state agency or agencies with regulatory jurisdiction over
the subject matter involved in the demonstration project. 

The bill requires the director of SCECD to establish an advisory committee
on child-care coordination to evaluate the feasibility of coordinating
government-funded child-care programs in a manner that promotes access to
child-care programs and results in improved school readiness.  The bill
sets forth organizations and agencies, a representative of which must be
included on the advisory committee. The bill provides that the advisory
committee is not subject to Chapter 2110, Government Code. The bill
prohibits a member of the advisory committee from receiving compensation
for serving on the committee. The bill requires the director of SCECD to
designate a member of the committee to serve as presiding officer, and
requires the advisory committee to meet at the call of the presiding
officer of the committee. The bill provides that a member of the advisory
committee serves at the will of the director of SCECD. The bill authorizes
the advisory committee to coordinate its activities with the activities of
the Office of Early Childhood Coordination advisory committee established
under Section 531.286, Government Code. The bill requires the advisory
committee, not later than September 1, 2004, to prepare and deliver a
report to certain persons. The bill sets forth requirements regarding the
report. The bill abolishes the advisory committee as of December 31, 2004,
and provides that this section expires on that date. 
 

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ENGROSSED TO SUBSTITUTE

C.S.S.B. 76 modifies the engrossed version by authorizing the commissioner
to waive a law or rule relating to early childhood care and education
programs to the extent necessary to comply with federal law or to the
extent that the law or rule is more restrictive than federal law. C.S.S.B.
76 modifies the engrossed version by replacing the National Association
for the Education of Young Children with a nationally recognized
accrediting organization approved by the TWC and the Department of
Protective and Regulatory Services in Section 29.158(d)(2) Education Code.
C.S.S.B. 76 modifies the engrossed version by deleting TWC from Section
29.160(b)(1) Education Code.