80R3462 JRJ-D
 
  By: Ellis S.B. No. 264
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the availability of free prekindergarten programs in
public schools.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 29.153(a), (b), and (f), Education
Code, are amended to read as follows:
       (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:
             (1)  at least three years of age and is:
                   (A) [(1)]  unable to speak and comprehend the
English language;
                   (B) [(2)]  educationally disadvantaged;
                   (C) [(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;
                   (D) [(4)]  the child of an active duty member of
the armed forces of the United States, including the state military
forces or a reserve component of the armed forces, who is ordered to
active duty by proper authority; or
                   (E) [(5)]  the child of a member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who was injured or killed
while serving on active duty; or
             (2)  at least four years of age.
       (f)  A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or
(5)] remains eligible for enrollment if the child's parent leaves
the armed forces, or is no longer on active duty, after the child
begins a prekindergarten class.
       SECTION 2.  Section 29.1532(c), Education Code, is amended
to read as follows:
       (c)  A school district that offers prekindergarten classes
shall include the following information in the district's Public
Education Information Management System (PEIMS) report:
             (1)  demographic information, as determined by the
commissioner, on students enrolled in district prekindergarten
classes, including the number of students who are eligible for
classes under Section 29.153(b)(1) [29.153];
             (2)  the numbers of half-day and full-day
prekindergarten classes offered by the district; and
             (3)  the sources of funding for the prekindergarten
classes.
       SECTION 3.  Section 29.153(d), Education Code, is repealed.
       SECTION 4.  This Act applies beginning with the 2007-2008
school year.
       SECTION 5.  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, 2007.