By:  Villarreal                                                   H.B. No. 400



A BILL TO BE ENTITLED

AN ACT

relating to the provision of voluntary prekindergarten classes for 
certain children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	Section 1.  Section 29.153, Education Code, Subsection (c) 
is amended to read as follows:

FREE PREKINDERGARTEN FOR CERTAIN CHILDREN.  (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 four 
years of age.  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 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.
	(c)  A prekindergarten class under this section shall be 
operated on a half-day full day basis.  A district is not required 
to provide transportation for a prekindergarten class, but 
transportation, if provided, is included for funding purposes as 
part of the regular transportation system.
	(d)  On application of a district, the commissioner may 
exempt a district from the application of this section if the 
district would be required to construct classroom facilities in 
order to provide prekindergarten classes.
	(e)  Each school district shall develop a system to notify 
the population in the district with children who are eligible for 
enrollment in a prekindergarten class under this section of the 
availability of the class.  The system must include public notices 
issued in English and Spanish. 

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 4.01, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.