79R6970 PAM-D

By:  Eissler                                                      H.B. No. 1487



A BILL TO BE ENTITLED

AN ACT

relating to the age of children for whom public school kindergarten 
must be provided.
	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 on the first 
day of June preceding the first day of instruction for a school year
and under 21 years of age on the first day of September of any school 
year is entitled to enroll in the public schools of this state [the 
benefits of the available school fund] for that year.  [Any other 
person enrolled in 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 eligible to enroll in public school under 
Subsection (a) [over five and younger than 21 years of age on the 
first day of September of the school year in which admission is 
sought] 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.  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 at least five years of age and eligible to enroll in public 
school under Section 25.001 [on September 1 of the school year].
	SECTION 3.  Section 42.003(a), Education Code, is amended to 
read as follows:
	(a)  A student is entitled to the benefits of the Foundation 
School Program if the student is entitled to enroll in public school 
under Section 25.001 [5 years of age or older and under 21 years of 
age on September 1 of the school year] and has not graduated from 
high school.
	SECTION 4.  Section 43.016, Education Code, is amended to 
read as follows:   
	Sec. 43.016.  USE OF AVAILABLE SCHOOL FUND.  (a) All 
available school funds shall be appropriated in each county for the 
education of its children.
	(b)  A person is entitled to the benefits of the available 
school fund if the person is entitled to enroll in public school 
under Section 25.001 or is enrolled in prekindergarten under 
Section 29.153.
	SECTION 5.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 6.  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.