SRC-JEC, MSY, TJG C.S.S.B. 76 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 76
78R12398 CLG-FBy: Zaffirini
Education
4/16/2003
Committee Report (Substituted)


DIGEST 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION  1.  Amends Subchapter E, Chapter 29, Education Code, by adding
Section 29.1533, as follows: 

Sec. 29.1533.  ESTABLISHMENT OF NEW PREKINDERGARTEN PROGRAM. Authorizes 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. 

SECTION  2.  Amends Section 29.155, Education Code, by adding Subsections
(g), (h), and (i), as follows: 

(g)  Authorizes the commissioner of education (commissioner), from amounts
appropriated for the purposes of this section, to also provide for:
coordinating early childhood care and education programs; developing and
disseminating for programs described by Subdivision (1) prekindergarten
instructional materials and school-readiness information for parents; and
developing standards for model early childhood care and education
coordination. 

(h)  Requires the model program standards developed under Subsection (g)
to focus on preliteracy skills, including language acquisition, vocabulary
development, and phonological awareness. 

(i)  Prohibits the restriction of eligibility for funds appropriated for
purposes of this section to a school district or an open-enrollment
charter school, notwithstanding any other provision of this section. 

SECTION  3.  Amends Subchapter E, Chapter 29, Education Code, by adding
Section 29.1561, as  follows: 

Sec. 29.1561.  ADMINISTRATION OF EARLY CHILDHOOD CARE AND EDUCATION
PROGRAMS.  (a)  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. 

(b)  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. 

SECTION  4.  Amends Subchapter E, Chapter 29, Education Code, by adding
Sections 29.158, 29.159, and 29.160, as follows: 

Sec. 29.158.  COORDINATION OF SERVICES.  (a)  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. 

(b)  Sets forth elements that must be included in the coordination
required by this section. 

(c)  Sets forth elements that may be included in the coordination required
by this section. 

(d)  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 under this section 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. Authorizes any appropriate indicator
of quality services to be considered under this subsection.  Sets forth
indicators that may be considered. 

(e)  Provides that any coordination required by this section that involves
a prekindergarten program must be approved by the commissioner. 

Sec. 29.159.  PROVISION OF CERTAIN INFORMATION.  (a)  Requires each
provider of government-funded child-care services, except as otherwise
provided by this section, at the time that a child is enrolled with the
provider, to furnish the child's parent certain information. 

(b)  Requires a provider that does not have sufficient resources to
provide the information specified by Subsection (a) to furnish parents
with certain other information or referrals. 

Sec. 29.160.  DEMONSTRATION PROJECTS.  (a)  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. 
 
(b)  Entitles SCECD, in developing the quality rating system demonstration
project, to certain access, assistance, and support. 

(c)  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.  Requires an entity that develops a proposed demonstration project
under this subsection to obtain approval of the project from the state
agency or agencies with regulatory jurisdiction over the subject matter
involved in the project. 

(d)  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.  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. 

(e)  Requires SCECD and any other entity that implements a demonstration
project under this section 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. Sets forth items that the report must
include. 

(f)  Requires the report required by Subsection (e) 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. 

SECTION  5.  (a)  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.  Sets forth organizations and agencies, a representative of
which must be included on the advisory committee. 

(b)  Provides that the advisory committee is not subject to Chapter 2110
(State Agency Advisory Committees), Government Code. 

(c)  Prohibits a member of the advisory committee from receiving
compensation for serving on the committee. 

(d)  Requires the director of SCECD to designate a member of the committee
to serve as presiding officer. 

(e)  Requires the advisory committee to meet at the call of the presiding
officer of the committee. 

(f)  Provides that a member of the advisory committee serves at the will
of the director of SCECD. 

(g)  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 (Advisory Committee),
Government Code. 

(h)  Requires the advisory committee, not later than September 1, 2004, to
prepare and deliver  a report to certain persons.  Sets forth requirements
regarding the report.   

(i)  Abolishes the advisory committee as of December 31, 2004, and
provides that this section expires on that date. 

SECTION  6.  Effective date:  September 1, 2003.