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78R2112 CAS-D

By:  Villarreal                                                   H.B. No. 309



A BILL TO BE ENTITLED

AN ACT

relating to public school prekindergarten programs.                           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 29.1532(a) and (b), Education Code, are 
amended to read as follows:
	(a)  The agency shall adopt guidelines for prekindergarten 
programs provided directly by a school district.  A district may 
directly provide any [school district's] prekindergarten program 
that meets guidelines adopted by the agency under this subsection
[shall be designed to develop skills necessary for success in the 
regular public school curriculum, including language, mathematics, 
and social skills]. 
	(b)  A [If a] school district may contract [contracts] with 
another [a private] entity to provide a [for the operation of the 
district's] prekindergarten program for the district on or off of 
district property.  The [, the] program must at a minimum:
		(1)  use stringent health and safety measures;                         
		(2)  for classes for four-year-old students:                           
			(A)  employ a sufficient number of teachers to 
maintain an average ratio of not less than one teacher for each 10 
students enrolled in the program's classes for four-year-old 
students; and
			(B)  enroll not more than 20 students in a class;                     
		(3)  for classes for three-year-old students, in 
accordance with rules adopted by the program:
			(A)  employ a sufficient number of teachers to 
maintain an average student/teacher ratio that is less than the 
ratio prescribed under Subdivision (2)(A); and
			(B)  enroll fewer than 20 students in a class;                        
		(4)  have on the premises during program operating 
hours at least one teacher who:
			(A)  has earned a bachelor's degree in childhood 
development; and   
			(B)  is available to supervise other teachers;                        
		(5)  use curricula and a teaching process that, based 
on accepted scientific research, have been proven to prepare 
students for successful performance on reading and mathematics 
assessment instruments administered under Section 39.023 to 
students in grade three; and
		(6)  solicit and accept meaningful involvement by 
parents of students [comply with the applicable child-care 
licensing standards adopted by the Department of Protective and 
Regulatory Services under Section 42.042, Human Resources Code].
	SECTION 2.  Section 42.005, Education Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  For purposes of this section, in computing attendance 
for a day of instruction in a prekindergarten program, a school 
district shall include attendance by a student enrolled in a class 
under Section 29.153:
		(1)  provided directly by the district; or                             
		(2)  provided on or off of district property by an 
entity other than the district under contract with the district if 
the entity is providing the program to the student only because of 
the district's contract with the entity.
	SECTION 3.  Section 25.001(a), Education Code, is amended to 
read as follows:
	(a)  A person who is at least five years of age and under 21 
years of age on the first day of September of any school year is 
entitled to the benefits of the available school fund for that year.  
Any other person enrolled in a prekindergarten class under Section 
29.153 and included in computing attendance under Section 42.005(g)
is entitled to the benefits of the available school fund.
	SECTION 4.  Section 42.003(b), Education Code, is amended to 
read as follows:
	(b)  A student to whom Subsection (a) does not apply is 
entitled to the benefits of the Foundation School Program if the 
student is enrolled in a prekindergarten class under Section 29.153 
and included in computing attendance under Section 42.005(g).
	SECTION 5.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.