By: Zaffirini S.B. No. 50

A BILL TO BE ENTITLED

AN ACT

relating to early childhood education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.153, Education Code, is amended by adding Subsection (d-1) to read as follows:

(d-1) Notwithstanding Subsection (d), the commissioner may not exempt a school district from the application of this section for a school year if a private entity in the district:

(1) is willing and able to contract with the district to operate a prekindergarten program that complies with the requirements of this code and commissioner rules regarding prekindergarten programs operated by a school district;

(2) meets any additional standards of the district for the operation of the district's prekindergarten program; and

(3) notifies the district and the commissioner in writing not later than June 1 of the entity's ability and commitment to operate a prekindergarten program on behalf of the district for the following school year.

SECTION 2. Sections 29.160(c) and (c-2), Education Code, are amended to read as follows:

(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 and early education services, including Head Start and Early Head Start, prekindergarten, and after-school child-care program services, child-care services provided by nonprofit or for-profit entities, and faith-based child-care programs, are operated in a coordinated and integrated 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. Approval of a project under this subsection must be made contingent on development of a memorandum of understanding regarding the child-care and early education coordination and integration that [is]:

(1) is entered into by each entity participating in the project;

(2) is certified by the State Center for Early Childhood Development as meeting any standards developed under Section 29.155(g); [and]

(3) is consistent with the applicable provisions of this section and applicable laws and regulations in a manner that at a minimum maintains existing child-care and early education program requirements and does not waive or reduce any existing health and safety standards; and

(4) contains provisions ensuring that the project does not result in the reduction of existing services or the redirection of existing expenditures.

(c-2) A demonstration project established under Subsection (c) must include a program evaluation component that, in addition to assessing child-care and early education outcomes for young children, demonstrates:

(1) the extent to which program quality has been enhanced and the cognitive, physical, social, and emotional development of young children has been promoted;

(2) the extent to which the number of children being served by full-day, full-year programs has increased;

(3) the extent to which professional development training or activities engaged in by program staff has increased; and

(4) that there has been no weakening of standards or diminishment of services.

SECTION 3. Section 29.161(c), Education Code, is amended to read as follows:

(c) The system must:

(1) be reflective of research in the field of early childhood care and education;

(2) be well-grounded in the cognitive, physical, social, and emotional development of young children; and

(3) apply a common set of criteria to each program provider seeking certification, regardless of the type of program or source of program funding.

SECTION 4. Subchapter G, Chapter 2308, Government Code, is amended by adding Section 2308.3155 to read as follows:

Sec. 2308.3155. ENHANCED REIMBURSEMENT RATES FOR CERTAIN CHILD-CARE PROVIDERS. To the extent that funds are appropriated for that purpose, each board shall provide enhanced reimbursement rates to certain licensed child-care providers for services provided to children who are younger than six years of age.

SECTION 5. Section 42.0421, Human Resources Code, is amended by adding Subsection (e) to read as follows:

(e) The department, in coordination with the State Center for Early Childhood Development, shall develop or seek proposals for the development of one or more online training modules to be made available through the Internet as an acceptable option for an employee to use in complying with the training required by Subsection (a)(1).

SECTION 6. Effective January 1, 2009, Section 42.0421, Human Resources Code, is amended by adding Subsection (f) to read as follows:

(f) Except as provided by Subsection (e), the training required by this section must be provided by a person who:

(1) is a training provider registered with the Texas Early Care and Education Career Development System's Texas Trainer Registry that is maintained by the Texas Head Start-State Collaboration Office;

(2) is an instructor at a public or private secondary school or at a public or private institution of higher education, as defined by Section 61.801, Education Code, who teaches early child development or another relevant course, as determined by rules adopted by the executive commissioner of the Health and Human Services Commission;

(3) is an employee of a state agency with relevant expertise;

(4) is a physician, psychologist, licensed professional counselor, social worker, or registered nurse;

(5) holds a generally recognized credential, such as a certification to provide instruction in cardiopulmonary resuscitation (CPR); or

(6) is approved by the executive commissioner of the Health and Human Services Commission, based on the recommendation of the Texas Council on Early Childhood Education Career Development established under Subchapter C, Chapter 72.

SECTION 7. The heading to Chapter 72, Human Resources Code, is amended to read as follows:

CHAPTER 72. EARLY CHILDHOOD EDUCATION SERVICES [HEAD START

PROGRAMS]

SECTION 8. Chapter 72, Human Resources Code, is amended by designating Section 72.001 as Subchapter A and adding a subchapter heading to read as follows: SUBCHAPTER A. GENERAL PROVISIONS

SECTION 9. Section 72.001, Human Resources Code, is amended to read as follows:

Sec. 72.001. DEFINITIONS [DEFINITION]. In this chapter:

(1) "Council" means the Texas Council on Early Childhood Education Career Development.

(2) [,] "Head Start program" means the federal program established under the Head Start Act (42 U.S.C. Section 9831 et seq.) and its subsequent amendments.

SECTION 10. Subchapter A, Chapter 72, Human Resources Code, as designated by this Act, is amended by adding Section 72.0015 to read as follows:

Sec. 72.0015. REQUIREMENTS APPLICABLE TO STATE CENTER FOR EARLY CHILDHOOD DEVELOPMENT. The State Center for Early Childhood Development shall:

(1) comply with the contract management requirements prescribed by Chapter 2262, Government Code; and

(2) not later than December 1 of each even-numbered year, prepare and submit to the presiding officers of the Senate Finance Committee and the House Appropriations Committee a report detailing the use of all state money provided to the center to fund early childhood education services.

SECTION 11. Chapter 72, Human Resources Code, is amended by designating Sections 72.002 and 72.003 as Subchapter B, renumbering Sections 72.002 and 72.003 as Sections 72.051 and 72.052, respectively, and adding a subchapter heading to read as follows: SUBCHAPTER B. HEAD START PROGRAMS

Sec. 72.051 [72.002]. EDUCATIONAL SERVICES. To promote the comprehensive health, safety, and well-being of children receiving child care through Head Start programs, a program provider shall provide educational services to children participating in the program so that each child is prepared to enter school and is ready to learn after completing the program. The educational services provided must include components designed to enable a child to:

(1) develop phonemic, print, and numeracy awareness, including the ability to:

(A) recognize that letters of the alphabet are a special category of visual graphics that can be individually named;

(B) recognize a word as a unit of print;

(C) identify at least 10 letters of the alphabet; and

(D) associate sounds with written words;

(2) understand and use language to communicate for various purposes;

(3) understand and use an increasingly complex and varied vocabulary;

(4) develop and demonstrate an appreciation of books; and

(5) progress toward mastery of the English language, if the child's primary language is a language other than English.

Sec. 72.052 [72.003]. COORDINATION OF SERVICES. (a) In a manner consistent with federal law and regulations, each Head Start and Early Head Start program provider shall coordinate with the Texas Workforce Commission and local workforce development boards regarding subsidized child-care services.

(b) The coordination required by this section must include 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. The coordination may also include:

(1) cooperating with the Texas Workforce Commission regarding studies conducted by the commission;

(2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a Head Start or Early Head Start program, when permissible;

(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 Head Start or Early Head Start program services, including:

(A) sharing facilities or staff; and

(B) increasing the enrollment capacity of those programs;

(5) identifying child-care facilities located in close proximity to Head Start or Early Head Start programs; and

(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a Head Start or Early Head Start program.

SECTION 12. Chapter 72, Human Resources Code, is amended by adding Subchapters C and D to read as follows: SUBCHAPTER C. TEXAS COUNCIL ON EARLY CHILDHOOD EDUCATION CAREER DEVELOPMENT

Sec. 72.101. ESTABLISHMENT. The Texas Council on Early Childhood Education Career Development is established to promote the recognition of early childhood educators as professionals and assist in the development of professional standards and educational opportunities for those educators.

Sec. 72.102. COMPOSITION. The council consists of:

(1) a representative of the Texas Education Agency, as designated by the commissioner of education;

(2) a representative of the Texas Workforce Commission, as designated by the executive director of the commission;

(3) a representative of the Office of Early Childhood Coordination established by the Health and Human Services Commission, as designated by the executive commissioner of the commission;

(4) a representative of the Department of Family and Protective Services with expertise relating to licensing of child-care facilities, as designated by the commissioner of the department; and

(5) to the extent feasible, representatives of the following entities or stakeholder groups, as designated by the executive commissioner of the Health and Human Services Commission:

(A) statewide associations of early childhood education professionals;

(B) statewide organizations that certify or provide other credentials to individuals working in the field of early childhood education;

(C) child-care resource and referral agencies;

(D) two-year and four-year colleges and universities in this state;

(E) public school districts that offer secondary programs of study in the area of early childhood education;

(F) administrators of early childhood programs, including Head Start programs and programs provided by school districts, licensed day-care centers, and family homes, as defined by Section 42.002; and

(G) parents with children receiving services through early childhood programs.

Sec. 72.103. DUTIES. The council shall:

(1) in conjunction with the organization selected by the Texas Education Agency under Section 72.155 to manage early childhood education partnership projects established under Subchapter D, develop criteria for determining the effectiveness and performance of those partnerships;

(2) develop a model career path in accordance with Section 72.106; and

(3) perform any other function specified by law or identified as an appropriate function by the executive commissioner of the Health and Human Services Commission.

Sec. 72.104. PRESIDING OFFICER. The executive commissioner of the Health and Human Services Commission shall designate the presiding officer of the council.

Sec. 72.105. EXPENSES AND STAFF. (a) A member of the council may not receive compensation for serving on the council but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the council as provided by the General Appropriations Act.

(b) The Health and Human Services Commission shall provide staff assistance as necessary to enable the council to perform the council's duties.

Sec. 72.106. CAREER PATH. (a) As a resource for early childhood education professionals, the council shall develop a model career path that identifies the educational credentials and experience that an early childhood education professional may seek to obtain over the course of the professional's career.

(b) The model career path must:

(1) specify progressive levels, with additional educational and experience requirements applicable at each level;

(2) give emphasis at each level to the receipt of training that is provided by qualified trainers and based on applicable core knowledge and skills, as identified by experts in the field of early childhood education; and

(3) be consistent with any applicable requirements imposed by law regarding the training, education, or experience of early childhood education professionals. [Sections 72.107-72.150 reserved for expansion] SUBCHAPTER D. EARLY CHILDHOOD EDUCATION PARTNERSHIP PROJECTS

Sec. 72.151. ESTABLISHMENT OF EARLY CHILDHOOD EDUCATION PARTNERSHIP PROJECTS. (a) A partnership project may be established in any area of this state in accordance with this subchapter to facilitate increased participation in professional development by early childhood education professionals and encourage those professionals to seek additional education.

(b) A partnership project may include participation by any interested person, including:

(1) employers and employees involved in early childhood education services, such as school districts, licensed child-care facilities, registered family homes, Head Start program providers, and resource and referral agencies; and

(2) providers of early childhood education training programs, such as public high schools, community colleges, universities, regional education service centers, cooperative extensions, and the P-16 Council established under Section 61.077, Education Code.

Sec. 72.152. PROJECT PLAN. (a) A partnership project must:

(1) develop a coordinated plan under which early childhood education professionals or students participating in the project are able to receive appropriate college credit or professional training; and

(2) obtain approval of the plan from the council and the organization selected by the Texas Education Agency under Section 72.155.

(b) In addition to any other criteria required as a condition of approval under Subsection (a)(2), the plan must:

(1) develop measurable objectives similar to those of the Achieve Texas program administered by the Texas Education Agency and the Closing the Gaps program administered by the Texas Higher Education Coordinating Board;

(2) include training programs and nonduplicative courses for which workforce certification and college credits may be awarded;

(3) align training content with the Texas Early Care and Education Career Development's Core Knowledge and Skills and standards developed by the National Association for the Education of Young Children and the National Child Care Association;

(4) implement practices that allow teachers to observe classrooms and centers considered by the council to be excellent;

(5) develop preassessments and postassessments that indicate an acceptable level of teacher learning, as determined by secondary and higher education requirements;

(6) provide an opportunity for participating students to earn three semester credit hours for the standard curriculum resources course in an associate of applied science child development degree by passing an assessment and submitting sample materials;

(7) encourage colleges and universities to grant as much credit as possible for students who completed an early childhood professions or child care and guidance management and services program in high school; and

(8) encourage universities to grant as much credit as possible for students who have completed an associate of applied science child development degree.

(c) The plan must also include a program evaluation component that, in addition to assessing early childhood education training opportunities, demonstrates:

(1) the extent to which an entity's early childhood education training program quality has been enhanced;

(2) the extent to which the number of child-care professionals receiving training has increased; and

(3) the extent to which professional development training opportunities have increased.

Sec. 72.153. TRAINING REQUIREMENTS FOR PARTICIPATING PROFESSIONALS. (a) Except as provided by Subsection (b), an early childhood education professional who participates in a partnership project must complete at least 48 hours of training within the 18-month period following the date on which the professional begins participation.

(b) An individual with no previous training or employment experience in a child-care facility may satisfy the training requirement specified by Subsection (a) by completing at least 16 hours of preservice training and an additional 32 hours within the 18-month period following the date on which the individual begins employment in a child-care facility.

(c) The total number of hours of training required under Subsection (a) may be equal to three or four semester credit hours in a participating accredited institution.

Sec. 72.154. STIPEND. A partnership project shall provide a stipend for each early childhood education professional who:

(1) participates in the project;

(2) pursues a higher education degree; and

(3) indicates an intent to remain in the field of early childhood education.

Sec. 72.155. MANAGING ORGANIZATION. (a) The Texas Education Agency, in coordination with the council, shall select an organization to manage project partnerships.

(b) The organization must be selected through a competitive process developed by the Texas Education Agency and the council.

SECTION 13. Not later than December 1, 2009, the Texas Council on Early Childhood Education Career Development, as established by this Act, shall submit a report to the legislature that evaluates the effectiveness of the changes in law made by this Act. The report must specifically address any effect on the recruitment, retention, and quality of early childhood education providers, and any effect on associated student learning outcomes.

SECTION 14. Except as otherwise provided by this Act, this Act takes effect September 1, 2007.