79R15333 KKA-D


By:  Guillen                                                      H.B. No. 2605

Substitute the following for H.B. No. 2605:                                   

By:  Delisi                                                   C.S.H.B. No. 2605



A BILL TO BE ENTITLED

AN ACT

relating to eligibility of children with learning disabilities for 
free public prekindergarten classes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 29.153, Education Code, is amended by 
amending Subsection (b) and adding Subsection (b-1) to read as 
follows:
	(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)  is unable to speak and comprehend the English 
language;         
		(2)  is educationally disadvantaged; [or]             
		(3)  is 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; or
		(4)  has been diagnosed with a learning disability.                    
	(b-1)  The determination of a child's eligibility for 
enrollment in a prekindergarten class under Subsection (b)(4) does 
not have the effect of requiring the child to participate in the 
district's special education program, and the child may enroll in a 
prekindergarten class without being designated as a student in need 
of special services under Subchapter A.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  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.