78R3710 KKA-D

By:  Villarreal                                                   H.B. No. 1017


A BILL TO BE ENTITLED
AN ACT
relating to subsidized child-care services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading of Chapter 72, Human Resources Code, is amended to read as follows:
CHAPTER 72. HEAD START, PREKINDERGARTEN, AND OTHER SIMILAR PROGRAMS
SECTION 2. Section 72.003, Human Resources Code, is amended to read as follows: Sec. 72.003. COORDINATION OF SERVICES. (a) In a manner consistent with federal law and regulations, each Head Start and Early Head Start program provider, prekindergarten program provider, and provider of an after-school child-care program provided at a school shall coordinate with the Texas Workforce Commission, Texas Education Agency, and local workforce development boards regarding subsidized child-care services. (b) The coordination required by this section must include: (1) streamlining the eligibility determination or registration processes for subsidized child-care services and a Head Start or Early Head Start, prekindergarten, or after-school child-care program; (2) providing to an applicant for a child-care service the following information regarding all subsidized child-care services and services provided by a Head Start, Early Head Start, prekindergarten, or after-school child-care program that are available from any source in the applicant's community: (A) the types of services available and the hours and locations of availability; (B) eligibility criteria and application procedures for receipt of services; and (C) the number of people on the current waiting list for services; and (3) coordinating to ensure, to the extent practicable, that full-day, full-year child-care services are available to meet the needs of low-income parents who are working or participating in workforce training or workforce education. (c) The coordination required by this section may also include: (1) cooperating with the Texas Workforce Commission regarding studies conducted by the commission; (2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a Head Start or Early Head Start, prekindergarten, or after-school child-care program, when permissible; (3) cooperating to provide for staff training and professional development activities; (4) identifying and developing methods for the collaborative provision of subsidized child-care services and Head Start or Early Head Start, prekindergarten, or after-school child-care program services, including: (A) operating a combined system for eligibility determination or registration processes so that an applicant may apply for all services available in an applicant's community through a single point of access; (B) sharing facilities or staff; and (C) [(B)] increasing the enrollment capacity of those programs; (5) identifying child-care facilities located in close proximity to Head Start or Early Head Start, prekindergarten, or after-school child-care programs; and (6) coordinating transportation between child-care facilities identified under Subdivision (5) and a Head Start or Early Head Start, prekindergarten, or after-school child-care program. (d) In coordinating child-care services under this section and in making any related decision to contract with another provider for child-care services, the Texas Workforce Commission, the Texas Education Agency, local workforce development boards, and each Head Start and Early Head Start program provider, prekindergarten program provider, and provider of an after-school child-care program provided at a school shall consider the quality of the services involved in the proposed coordination or contracting decision, and shall give preference to services of the highest quality. Any appropriate indicator of quality services may be considered under this subsection, including whether the provider of the services: (1) meets the Texas Rising Star Provider criteria described by Section 809.15(b), Title 40, Texas Administrative Code; (2) is accredited by the National Association for the Education of Young Children; or (3) has achieved any other measurable target relevant to improving the quality of child care in this state. SECTION 3. Subchapter A, Chapter 302, Labor Code, is amended by adding Section 302.0042 to read as follows: Sec. 302.0042. NOTICE REGARDING TERMINATION OF CERTAIN CHILD-CARE SERVICES. (a) The commission shall direct each local workforce development board to notify a working poor subsidy recipient who resides in that board's local workforce development area and who receives child-care services from a child-care services program financed through state or federal funds of any termination of the program. (b) The local workforce development board shall provide the notice in writing to the recipient not later than the 45th day before the scheduled date of termination of the affected child-care services program. The notice must include information regarding other child-care services programs under which the recipient may be eligible for services. SECTION 4. Section 29.153(d), Education Code, is amended to read as follows: (d) If a district cannot provide prekindergarten classes to all children in the district who are eligible under Subsection (b) using district facilities, the district shall make all reasonable efforts to contract with a private entity, including a community-based child-care facility or Head Start program provider, for provision of services to eligible children. On application of a district, the commissioner may exempt a district from the application of this section if: (1) the district cannot contract with a private entity as described by this subsection; and (2) the district would be required to construct classroom facilities in order to provide sufficient prekindergarten classes. SECTION 5. (a) Not later than January 1, 2004, the Texas Education Agency shall develop a plan to establish prekindergarten programs within the subsidized child-care service industry. In developing the plan, the agency shall seek input from: (1) parents eligible to receive subsidized child-care services; (2) parents of children eligible for enrollment in a prekindergarten program; (3) school districts; (4) the Texas Workforce Commission; (5) local workforce development boards; (6) the child-care resource and referral network; and (7) the Texas Head Start Collaboration Project. (b) The plan must provide that programs to be established under the plan be funded using money used for prekindergarten programs under Subchapter E, Chapter 29, Education Code, and federal child-care development funds to the extent permitted by federal law. (c) Not later than January 1, 2005, the Texas Education Agency shall prepare and deliver the plan to the governor, lieutenant governor, speaker of the house of representatives, and clerks of the standing committees of the senate and house of representatives with primary jurisdiction over prekindergarten programs and state-subsidized child-care services for low-income families. SECTION 6. (a) The Texas Workforce Commission and the Department of Protective and Regulatory Services shall jointly develop and implement a pilot program in one urban region of this state under which licensed child-care facilities, Head Start and Early Head Start program providers, and prekindergarten program providers, including school districts, are assessed under a multitiered, quality rating system. (b) To the extent practicable, the Department of Protective and Regulatory Services shall consider the rating under the quality rating system of a child-care facility located in the pilot program region in making licensing decisions regarding the facility. (c) Not later than January 1, 2005, the Texas Workforce Commission and the Department of Protective and Regulatory Services shall prepare and deliver a joint report regarding the pilot program to the governor, lieutenant governor, speaker of the house of representatives, and clerks of the standing committees of the senate and house of representatives with primary jurisdiction over state-subsidized child-care services for low-income families and licensing of child-care facilities. The report must include recommendations for: (1) implementing the quality rating system statewide; (2) incorporating the quality rating system in the licensing process for child-care facilities under Chapter 42, Human Resources Code; and (3) using the quality rating system in a manner that promotes informed decisions about coordination of child-care services in this state. (d) This section expires September 1, 2005. SECTION 7. This Act takes effect September 1, 2003.