79R977 PAM-D

By:  Madden                                                       H.B. No. 262



A BILL TO BE ENTITLED

AN ACT

relating to permitting early entry into public school kindergartens 
for certain children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 25.001(a) and (b), Education Code, are 
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 kindergarten class under Section 
29.151(a)(2) or a prekindergarten class under Section 29.153 is 
entitled to the benefits of the available school fund.
	(b)  The board of trustees of a school district or its 
designee shall admit into the public schools of the district free of 
tuition a person who is over five and younger than 21 years of age on 
the first day of September of the school year in which admission is 
sought or any other person who is eligible for enrollment in a 
kindergarten class under Section 29.151(a)(2) if:
		(1)  the person and either parent of the person reside 
in the school district;
		(2)  the person does not reside in the school district 
but a parent of the person resides in the school district and that 
parent is a joint managing conservator or the sole managing 
conservator or possessory conservator of the person;
		(3)  the person and the person's guardian or other 
person having lawful control of the person under a court order 
reside within the school district;
		(4)  the person has established a separate residence 
under Subsection (d);  
		(5)  the person is homeless, as defined by 42 U.S.C. 
Section 11302, regardless of the residence of the person, of either 
parent of the person, or of the person's guardian or other person 
having lawful control of the person;
		(6)  the person is a foreign exchange student placed 
with a host family that resides in the school district by a 
nationally recognized foreign exchange program, unless the school 
district has applied for and been granted a waiver by the 
commissioner under Subsection (e);
		(7)  the person resides at a residential facility 
located in the district; or
		(8)  the person resides in the school district and is 18 
years of age or older or the person's disabilities of minority have 
been removed.
	SECTION 2.  Section 29.151, Education Code, is amended to 
read as follows:   
	Sec. 29.151.  FREE KINDERGARTEN.  (a)  The board of trustees 
of each school district shall establish and maintain one or more 
kindergartens for the training of children residing in the district 
who are:
		(1) at least five years of age on September 1 of the 
school year; and
		(2)  younger than five years of age on September 1 of 
the school year and have performed satisfactorily on the third 
grade reading assessment instrument under Section 39.023.
	(b)  On the request of the parent of a child who will be 
younger than five years of age on September 1 of the school year, a 
school district shall administer the third grade reading assessment 
instrument under Section 39.023 to determine whether the child is 
eligible to attend kindergarten under this section.  The State 
Board of Education shall adopt rules to administer testing under 
this subsection.
	SECTION 3.  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 kindergarten class under Section 
29.151(a)(2) or a prekindergarten class under Section 29.153.
	SECTION 4.  Section 42.003(d), Education Code, is repealed.                    
	SECTION 5.  This Act applies beginning with the 2006-2007 
school year.       
	SECTION 6.  Not later than January 1, 2006, the State Board 
of Education shall adopt rules to administer testing as provided by 
Section 29.151, Education Code, as amended by this Act.
	SECTION 7.  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, 2005.