By: Zaffirini S.B. No. 31
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for public school prekindergarten classes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 29.153, Education Code,
is amended to read as follows:
Sec. 29.153. FREE PREKINDERGARTEN IN [FOR] CERTAIN
DISTRICTS [CHILDREN].
SECTION 2. Section 29.153, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (f) to read
as follows:
(a) A district shall offer prekindergarten classes if the
district identifies 15 or more children who are [eligible under
Subsection (b) and are] at least three [four] years of age and who
are:
(1) unable to speak and comprehend the English
language;
(2) educationally disadvantaged; or
(3) homeless, as defined by 42 U.S.C. Section 11302,
regardless of the residence of the child, of either parent of the
child, or of the child's guardian or other person having lawful
control of the child. [A school district may offer prekindergarten
classes if the district identifies 15 or more eligible children who
are at least three years of age. A district may not charge tuition
for a prekindergarten class offered under this section.]
(b) A child is eligible for enrollment in a prekindergarten
class in a district that offers prekindergarten classes [under this
section] if the child is at least three years of age [and is:
[(1) unable to speak and comprehend the English
language;
[(2) educationally disadvantaged; or
[(3) homeless, as defined by 42 U.S.C. Section 11302,
regardless of the residence of the child, of either parent of the
child, or of the child's guardian or other person having lawful
control of the child].
(f) A district may not charge tuition for a prekindergarten
class offered under this section.
SECTION 3. Section 29.1531, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A school district may offer on a tuition basis or use
district funds to provide[:
[(1)] an additional half-day of prekindergarten
classes to children eligible for classes under Section 29.153[; and
[(2) half-day and full-day prekindergarten classes to
children not eligible for classes under Section 29.153].
(a-1) A school district that is not required to offer
prekindergarten classes under Section 29.153 may offer
prekindergarten classes on a tuition basis or use district funds to
provide half-day or full-day prekindergarten classes to all
children who are at least three years of age.
SECTION 4. This Act applies beginning with the 2003-2004
school year.
SECTION 5. 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.