By: Zaffirini, et al. S.B. No. 50

(In the Senate - Filed November 13, 2006; January 23, 2007, read first time and referred to Committee on Education; April 16, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 2; April 16, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 50 By: Janek

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 28.006, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:

(d) The superintendent of each school district shall:

(1) report to the commissioner and the board of trustees of the district the results of the reading instruments; [and]

(2) report, in writing, to a student's parent or guardian the student's results on the reading instrument; and

(3) using the school readiness certification system provided to the school district in accordance with Section 29.161(e), report electronically each student's raw score on the reading instrument to the agency for use in the school readiness certification system.

(d-1) The agency shall contract with the State Center for Early Childhood Development to receive and use scores under Subsection (d)(3) on behalf of the agency.

SECTION 2. Section 29.153, Education Code, is amended by adding Subsection (d-1) to read as follows:

(d-1) On receipt of an application for an exemption under Subsection (d), the commissioner shall encourage the school district requesting the exemption to make arrangements to provide prekindergarten classes through a school readiness integration project under Section 29.160.

SECTION 3. The heading to Section 29.160, Education Code, is amended to read as follows:

Sec. 29.160. SCHOOL READINESS INTEGRATION [DEMONSTRATION] PROJECTS.

SECTION 4. Section 29.160, Education Code, is amended by amending Subsections (a), (b), (c), and (c-2) through (f) and adding Subsection (c-3) to read as follows:

(a) The State Center for Early Childhood Development, in conjunction with a school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization, may develop school readiness integration projects in conjunction with [a quality rating system demonstration project under which] prekindergarten program providers, licensed child-care facilities, or Head Start and Early Head Start program providers [are assessed under a quality rating system].

(b) In developing school readiness integration projects [the quality rating system demonstration project], the State Center for Early Childhood Development is entitled to:

(1) reasonable access to the sites at which the programs to be rated are operated, which may include sites under the authority of school districts or the Department of Family and Protective [and Regulatory] Services; and

(2) technical assistance and support from the agency, the Texas Workforce Commission, and the Department of Family and Protective [and Regulatory] Services to the extent that those agencies have the ability to provide assistance and support using existing agency resources.

(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 school readiness integration [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 school readiness integration [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.

(c-3) A project established under Subsection (c) that obtains certification through the school readiness certification system established under Section 29.161 is eligible for funds available under Section 29.1561(c) and is entitled to priority consideration in the award of those funds. Funds awarded under that section may be used to:

(1) create a prekindergarten program;

(2) expand a prekindergarten program to serve children who are three years of age;

(3) increase income eligibility levels for prekindergarten;

(4) increase half-day prekindergarten to full-day prekindergarten; or

(5) add a teacher's aide to existing prekindergarten classes.

(d) An entity that obtains approval of a school readiness integration [coordination-of-resources demonstration] project is entitled to a waiver or modification of any existing rule, policy, or procedure of the agency, the Texas Workforce Commission, or the Department of Family and Protective [and Regulatory] Services that impairs the coordinated provision of government-funded child-care services, provided that the waiver or modification does not adversely affect the health, safety, or welfare of the children receiving services under the project. In addition, if applicable, the appropriate state agency must seek on behalf of the entity any available federal waiver from a federal rule, policy, or procedure imposed in connection with a Head Start program that impairs the coordinated provision of government-funded child-care services. Not later than the 30th day after the date on which a state agency becomes aware of an applicable federal waiver under this subsection, the state agency shall notify the appropriate entity of the date by which the state agency intends to seek the waiver.

(e) The State Center for Early Childhood Development and any other entity that implements a [demonstration] project established under Subsection (c) [this section] must provide a report to the legislature and to the state agency or agencies with regulatory jurisdiction over the subject matter involved in the project. The report must include:

(1) an evaluation of the effectiveness of the project; [and]

(2) recommendations on statewide implementation of the project; and

(3) an evaluation of the level of participation in the project by each type of provider.

(f) The report required by Subsection (e) must be provided at the time specified jointly by the state agency or agencies with regulatory jurisdiction over the subject matter involved in the [demonstration] project established under Subsection (c).

SECTION 5. Subchapter E, Chapter 29, Education Code, is amended by adding Section 29.1601 to read as follows:

Sec. 29.1601. SCHOOL READINESS INTEGRATION PROJECT REGISTRY. (a) The State Center for Early Childhood Development shall maintain a registry of qualified private entities that volunteer to participate in a school readiness integration project under Section 29.160.

(b) The State Center for Early Childhood Development shall:

(1) develop a process for interested private entities to volunteer to participate in a school readiness integration project; and

(2) determine whether a private entity is qualified to participate.

(c) The State Center for Early Childhood Development shall make the registry available to a school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization developing a school readiness integration project.

SECTION 6. Section 29.161, Education Code, is amended by amending Subsection (c) and adding Subsections (d) through (h) 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, including multiple measures of program quality in addition to the results of a reading instrument administered under Section 28.006, to evaluate each program provider seeking certification, regardless of the type of program or source of program funding; and

(4) be capable of fulfilling the reporting and notice requirements of Sections 28.006(d) and (g).

(d) The agency shall collect each student's raw score results on the reading instrument administered under Section 28.006 from each school district using the system created under Subsection (a) and shall contract with the State Center for Early Childhood Development for purposes of this section.

(e) The State Center for Early Childhood Development shall, using funds appropriated for the school readiness certification system, provide the system created under Subsection (a) to each school district to report each student's raw score results on the reading instrument administered under Section 28.006.

(f) The agency shall:

(1) provide assistance to the State Center for Early Childhood Development in developing and adopting the school readiness certification system under this section, including providing access to data for the purpose of locating the teacher and campus of record for students; and

(2) require confidentiality and other security measures for student data provided to the State Center for Early Childhood Development as the agency's agent, consistent with the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g).

(g) A program provider must, in addition to any other criteria applied by the system, meet the following criteria to be eligible for certification under the system:

(1) be in good standing with the Department of Family and Protective Services, if applicable; and

(2) use ongoing child assessment tools to guide lesson planning and instructional approaches.

(h) For purposes of Subsection (g)(1), a provider is in good standing with the Department of Family and Protective Services if the department has not taken an action against the provider's license, listing, or registration under Section 42.071, 42.072, or 42.078, Human Resources Code, during the two-year period preceding the date of applying for certification.

SECTION 7. 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. (a) A licensed child-care provider that participates in a school readiness integration project established under Section 29.160, Education Code, or obtains certification under the school readiness certification system established under Section 29.161, Education Code, is eligible for enhanced reimbursement rates for services provided to children who are younger than six years of age at a level to be determined by each board but at least equal to the designated vendor rate provided by Section 2308.315.

(a-1) Notwithstanding Subsection (a), a licensed child-care provider that meets the Texas Rising Star Provider criteria described by 40 T.A.C. Section 809.15(b) is eligible for enhanced reimbursement rates for services provided to children who are younger than six years of age at a level to be determined by each board but at least equal to the designated vendor rate provided by Section 2308.315. A provider that receives increased reimbursement rates under this subsection is encouraged to use the funds to obtain certification under the school readiness certification system established under Section 29.161, Education Code.

(b) To the extent that federal funds under the Temporary Assistance for Needy Families (TANF) program are available to the state and are appropriated for this purpose, local workforce development boards shall use those funds, in addition to funds from the federal Child Care Development Fund, to provide enhanced reimbursement rates under this section. The Texas Workforce Commission shall distribute the increased federal funds directly to local workforce development boards in the same proportion that child care development fund quality improvement money is distributed to local workforce development boards.

SECTION 8. Section 42.0421, Human Resources Code, is amended by adding Subsections (e) and (f) to read as follows:

(e) The department, in coordination with the State Center for Early Childhood Development and the Texas Advisory Council on Early Childhood Education Career Development established under Subchapter C, Chapter 72, may develop or seek proposals through a competitive process for:

(1) the development and maintenance of one or more training modules to be made available through the Internet and in accordance with Section 42.042(p) as training modules an employee may use to comply with Subsection (a)(1);

(2) the development and maintenance of a statewide bilingual training portal that connects a person who provides child care with training providers or other sources of training; or

(3) the development and implementation of a marketing strategy to publicize the availability and importance of training to all providers of early childhood care and education.

(f) The training modules developed and maintained under Subsection (e) must:

(1) be consistent with applicable core knowledge and skills, as identified by experts in the field of early childhood education; and

(2) include a common postassessment that indicates an acceptable level of learning by the employee.

SECTION 9. Effective January 1, 2009, Section 42.0421, Human Resources Code, is amended by adding Subsection (g) to read as follows:

(g) 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 commissioner of education and the commissioner of higher education;

(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;

(6) is a family home care provider or director of a day-care center in good standing with the department, if applicable, provided that the department has not taken an action against the provider's license, listing, or registration under Section 42.071, 42.072, or 42.078 during the two-year period preceding the date on which the provider or director provides the training; or

(7) is approved by the commissioner of education, based on the recommendation of the Texas Advisory Council on Early Childhood Education Career Development established under Subchapter C, Chapter 72.

SECTION 10. The heading to Chapter 72, Human Resources Code, is amended to read as follows:

CHAPTER 72. EARLY CHILDHOOD EDUCATION SERVICES [HEAD START

PROGRAMS]

SECTION 11. 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 12. Section 72.001, Human Resources Code, is amended to read as follows:

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

(1) "Advisory council" means the Texas Advisory 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 13. 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. (a) The State Center for Early Childhood Development shall:

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

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

(3) provide center staff to appear before a standing committee of the senate or house of representatives with jurisdiction over public primary and secondary education on request of the presiding officer of the committee.

(b) In each even-numbered year, the State Center for Early Childhood Development shall allow an external evaluation, by an organization under contract with the Texas Education Agency for that purpose, regarding the management and implementation of school readiness integration projects authorized by Section 29.160, Education Code.

(c) The organization completing the external evaluation under Subsection (b) must be selected through a competitive process developed by the Texas Education Agency.

SECTION 14. 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 15. Chapter 72, Human Resources Code, is amended by adding Subchapters C and D to read as follows:

SUBCHAPTER C. TEXAS ADVISORY COUNCIL ON EARLY CHILDHOOD EDUCATION

CAREER DEVELOPMENT

Sec. 72.101. ESTABLISHMENT. (a) The Texas Advisory 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.

(b) The advisory council shall coordinate its efforts with the Texas Head Start State Collaboration Office.

(c) The advisory council is not subject to Chapter 2110, Government Code.

Sec. 72.102. COMPOSITION. The advisory 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 Texas Higher Education Coordinating Board, as designated by the commissioner of higher education;

(5) 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;

(6) a representative of the State Center for Early Childhood Development, as designated by the director of the center;

(7) a representative of the Texas Head Start State Collaboration Office, as designated by the executive commissioner of the Health and Human Services Commission;

(8) a representative of the Texas Cooperative Extension, as designated by the director of the Texas Cooperative Extension; and

(9) representatives of each of the following entities or stakeholder groups, as designated by the commissioner of education:

(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 and charter schools that offer secondary programs of study in the area of early childhood education;

(F) a director of each of the following early childhood program providers:

(i) Head Start programs;

(ii) programs provided by school districts;

(iii) nonprofit and for-profit licensed day-care centers; and

(iv) family homes, as defined by Section 42.002;

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

(H) an expert in early childhood intervention and special education services; and

(I) community-based organizations.

Sec. 72.103. DUTIES. The advisory council shall:

(1) in conjunction with the organization with which the Texas Education Agency contracts 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; and

(2) perform any other function specified by law or identified as an appropriate function by the commissioner of education.

Sec. 72.104. PRESIDING OFFICER. The commissioner of education shall designate the presiding officer of the advisory council.

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

(b) The Texas Education Agency shall provide staff assistance as necessary to enable the advisory council to perform the advisory council's duties.

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 61.076, Education Code.

(c) Participation in a partnership project may not be contingent on participation in a school readiness integration project under Section 29.160, 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 managing organization selected under Section 72.155 and with the advice of the advisory council.

(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 standards developed by nationally recognized early childhood education accrediting bodies;

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

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

(6) provide an opportunity for a participating student 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, submitting sample materials, and providing documentation that the student has completed at least 48 contact hours of approved training by a registered trainer;

(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, if the program meets the minimum standards of the college or university relating to program quality; 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;

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

(4) the extent to which the professionals participating in the partnership project demonstrate applicable core knowledge and skills compared to professionals in a control group; and

(5) the extent to which developmental and learning outcomes of children in the classrooms of participating professionals improve compared to children in a control group, as measured by valid and reliable instruments.

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 contact 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 contact hours of preservice training and an additional 32 contact 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 contact 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. QUALIFIED EXPENSES AND REIMBURSEMENT. (a) A partnership project shall pay qualified expenses, as determined by the project's managing organization, for each early childhood education professional who:

(1) participates in the project;

(2) pursues a higher education degree; and

(3) remains in the field of early childhood education for two years.

(b) Qualified expenses may include:

(1) on-campus housing costs;

(2) tuition;

(3) books;

(4) transportation; and

(5) other expenses, as determined by the partnership project's managing organization.

(c) A partnership project may provide reimbursement to a child-care facility if an early childhood education professional is required to complete contact hours during the regular business hours of the child-care facility in accordance with procedures created by the partnership project's managing organization.

Sec. 72.155. MANAGING ORGANIZATION. (a) The Texas Education Agency, based on the recommendation of the advisory council, shall contract with an organization to manage project partnerships.

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

SECTION 16. Not later than December 1, 2009, the Texas Advisory 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 17. Except as otherwise provided by this Act, this Act takes effect September 1, 2007.

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