S.B. No. 76
AN ACT
relating to the provision of subsidized child-care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1533 to read as follows:
Sec. 29.1533. ESTABLISHMENT OF NEW PREKINDERGARTEN
PROGRAM. Before establishing a new prekindergarten program, a
school district shall consider the possibility of sharing use of an
existing Head Start or other child-care program site as a
prekindergarten site.
SECTION 2. Section 29.155, Education Code, is amended by
adding Subsections (g) through (j) to read as follows:
(g) From amounts appropriated for the purposes of this
subsection, the commissioner may also provide for:
(1) coordinating early childhood care and education
programs;
(2) developing and disseminating for programs
described by Subdivision (1) prekindergarten instructional
materials and school-readiness information for parents; and
(3) developing standards for model early childhood
care and education coordination.
(h) The model program standards developed under Subsection
(g) must focus on pre-literacy skills, including language
acquisition, vocabulary development, and phonological awareness.
(i) In carrying out the purposes of Subsection (g), a school
district or open-enrollment charter school may use funds granted to
the district or school under this subsection in contracting with
another entity, including a private entity.
(j) 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, including a
private entity, for the purposes of Subsection (g).
SECTION 3. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1561 to read as follows:
Sec. 29.1561. ADMINISTRATION OF EARLY CHILDHOOD CARE AND
EDUCATION PROGRAMS. (a) The commissioner may waive a law or rule
relating to early childhood care and education programs:
(1) to the extent that the law or rule is more
restrictive than required by federal law; or
(2) to the extent necessary to comply with federal
law.
(b) Notwithstanding any restriction imposed by this title,
the commissioner may 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. Subchapter E, Chapter 29, Education Code, is
amended by adding Sections 29.158, 29.159, and 29.160 to read as
follows:
Sec. 29.158. COORDINATION OF SERVICES. (a) In a manner
consistent with federal law and regulations, 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 shall coordinate with the agency, the Texas Workforce
Commission, and local workforce development boards regarding
subsidized child-care services.
(b) The coordination required by this section must include:
(1) providing to an applicant for a child-care service
information regarding:
(A) child-care resource and referral agencies
serving the applicant's community;
(B) information and referral providers serving
the applicant's community; or
(C) the prekindergarten program, local
child-care and development fund contractor, or Head Start program
administrator serving the applicant's community; and
(2) 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 each state agency regarding
child-care or child-development studies conducted by that agency;
(2) collecting data necessary to determine a child's
eligibility for subsidized child-care services or a
prekindergarten, Head Start or Early Head Start, or after-school
child-care program, to the extent that the collection of data does
not violate the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g);
(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
prekindergarten, Head Start or Early Head Start, 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) increasing the enrollment capacity of those
programs;
(5) identifying child-care facilities located in
close proximity to prekindergarten, Head Start or Early Head Start,
or after-school child-care programs;
(6) coordinating transportation between child-care
facilities identified under Subdivision (5) and a prekindergarten,
Head Start or Early Head Start, or after-school child-care program;
and
(7) coordinating with the State Center for Early
Childhood Development to develop longitudinal studies to measure
the effects of quality early childhood care and education programs
on educational achievement, including high school performance and
completion.
(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 agency, Texas Workforce
Commission, 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 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 40 T.A.C. Section 809.15(b);
(2) is accredited by a nationally recognized
accrediting organization approved by the Texas Workforce
Commission and the Department of Protective and Regulatory
Services;
(3) meets standards developed by the State Center for
Early Childhood Development; or
(4) has achieved any other measurable target relevant
to improving the quality of child care in this state.
(e) 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) Except
as otherwise provided by this section, each provider of
government-funded child-care services shall, at the time that a
child is enrolled with the provider, furnish to the child's parent
information regarding:
(1) effective early education settings; and
(2) any indicators that a child is ready for
kindergarten that have been developed at the time the child is
enrolled.
(b) If a provider does not have sufficient resources to
provide the information specified by Subsection (a), the provider
shall:
(1) furnish the parent with the appropriate telephone
numbers or Internet sites through which the parent may obtain the
information; or
(2) refer the parent to a local child-care resource
and referral agency.
Sec. 29.160. DEMONSTRATION PROJECTS. (a) The State Center
for Early Childhood Development, in conjunction with a school
district, regional education service center, institution of higher
education, local government, local workforce development board, or
community organization, may 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) In developing the quality rating system demonstration
project, the State Center for Early Childhood Development is
entitled to:
(1) reasonable access to the sites at which the
programs to be rated are operated, which may include sites under the
authority of school districts or the Department of Protective and
Regulatory Services; and
(2) technical assistance and support from the agency,
the Texas Workforce Commission, and the Department of Protective
and Regulatory Services to the extent that those agencies have the
ability to provide assistance and support using existing agency
resources.
(c) A school district, regional education service center,
institution of higher education, local government, local workforce
development board, or community organization may develop one or
more coordination-of-resources demonstration projects under which
government-funded child-care services are operated in a
coordinated manner. An entity that develops a proposed
demonstration project under this subsection must obtain approval of
the project from the state agency or agencies with regulatory
jurisdiction over the subject matter involved in the project.
(d) An entity that obtains approval of a
coordination-of-resources demonstration project is entitled to a
waiver or modification of any existing rule, policy, or procedure
of the agency, the Texas Workforce Commission, 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. In addition, if applicable, the appropriate state agency
must 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. Not later than the 30th day
after the date on which a state agency becomes aware of an
applicable federal waiver under this subsection, the state agency
shall notify the appropriate entity of the date by which the state
agency intends to seek the waiver.
(e) The State Center for Early Childhood Development and any
other entity that implements a demonstration project under this
section must 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 report must include:
(1) an evaluation of the effectiveness of the project;
and
(2) recommendations on statewide implementation of
the project.
(f) The report required by Subsection (e) must 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) The director of the State Center for Early
Childhood Development shall establish a 15 member 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 advisory committee must include a
representative of:
(1) the Office of Early Childhood Coordination
established under Subchapter H, Chapter 531, Government Code;
(2) the Texas Workforce Commission;
(3) the Texas Education Agency;
(4) the Department of Protective and Regulatory
Services;
(5) independent school districts;
(6) local workforce development boards;
(7) child-care development fund contractors;
(8) Head Start program providers;
(9) the Head Start Association;
(10) the Head Start Collaboration Office;
(11) nonprofit child-care providers;
(12) for-profit child-care providers;
(13) administrators of government-funded child-care
programs;
(14) parents of children receiving government-funded
child-care services; and
(15) the Texas Licensed Child Care Association.
(b) The advisory committee is not subject to Chapter 2110,
Government Code.
(c) A member of the advisory committee may not receive
compensation for serving on the committee.
(d) The director of the State Center for Early Childhood
Development shall designate a member of the advisory committee to
serve as presiding officer of the committee.
(e) The advisory committee shall meet at the call of the
presiding officer of the committee.
(f) A member of the advisory committee serves at the will of
the director of the State Center for Early Childhood Development.
(g) The advisory committee may coordinate its activities
with the activities of the Office of Early Childhood Coordination
advisory committee established under Section 531.286, Government
Code.
(h) Not later than September 1, 2004, the advisory
committee shall prepare and deliver a report 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. The report must identify the types of data
collected and maintained by government-funded child-care
providers, including Head Start program providers and providers
under contract with local workforce development boards. The report
must also include recommendations for:
(1) effective models of child-care coordination;
(2) effective administrative structure at the state
and local level to facilitate coordination of child-care resources;
(3) revision of statutes and policies to facilitate
child-care coordination;
(4) one or more methods of including the collected and
maintained data identified in this subsection in the public school
information maintained by the agency through the Public Education
Information Management System (PEIMS); and
(5) promotion of school readiness through early
child-care and education programs.
(i) On December 31, 2004, the advisory committee is
abolished and this section expires.
SECTION 6. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 76 passed the Senate on
April 30, 2003, by a viva-voce vote; May 30, 2003, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 31, 2003, House granted request of the
Senate; June 1, 2003, Senate adopted Conference Committee Report
by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 76 passed the House, with
amendments, on May 28, 2003, by a non-record vote; May 31, 2003,
House granted request of the Senate for appointment of Conference
Committee; June 1, 2003, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor