81R2369 CAE-F

By: Patrick H.B. No. 130

A BILL TO BE ENTITLED

AN ACT

relating to an enhanced quality full-day prekindergarten program provided by public school districts in conjunction with community providers.

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

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

(c) A prekindergarten class under this section shall be operated on a half-day basis, unless the school district chooses to operate:

(1) prekindergarten classes on a full-day basis, using any combination of Foundation School Program funding, local funds, tuition authorized under Section 29.1531, and grants received for that purpose under Section 29.155; or

(2) enhanced prekindergarten classes on a full-day basis in accordance with Subchapter E-1, using funding provided under the Foundation School Program for that purpose.

(c-1) A district is not required to provide transportation for a prekindergarten class, but transportation, if provided, is included for funding purposes as part of the regular transportation system.

SECTION 2. Chapter 29, Education Code, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM

Sec. 29.164. DEFINITION. In this subchapter, "enhanced program" or "program" means an enhanced quality full-day prekindergarten program provided in accordance with this subchapter.

Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM AUTHORIZED. (a) As provided by this subchapter, a school district may offer an enhanced quality full-day prekindergarten program for children eligible for classes under Section 29.153.

(b) A school district may not enroll more than 22 students in a program class and must maintain an average ratio in the program of not less than one teacher or teacher's aide for each 11 students.

(c) A teacher in the program must have a minimum of nine credit hours of college education courses emphasizing early childhood education.

(d) A school district must select the curriculum for the program from the list of curricula approved for that purpose by the commissioner.

(e) A program is subject to any other requirements imposed by law that apply to a prekindergarten program not provided in accordance with this subchapter, except that to the extent a conflict exists between this subchapter and any other provision of law, this subchapter prevails.

Sec. 29.166. CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED. (a) Beginning not later than the second school year that a school district provides an enhanced program, the district shall use at least 20 percent of the additional prekindergarten funding available to the district each school year due to the change in law made by __.B. ____, Acts of the 81st Legislature, Regular Session, 2009, to contract with one or more eligible community providers to provide the program.

(b) The commissioner may waive the requirement under Subsection (a) on an annual basis if a school district provides documentation acceptable to the commissioner that:

(1) the area served by the district does not have a sufficient number of eligible community providers;

(2) the school district did not receive any applications or other indications of interest in contracting with the district from eligible community providers; or

(3) after a good faith effort and for good cause, the district and one or more eligible community providers interested in contracting with the district were unable to reach an agreement.

(c) Not later than the 30th day after the date the commissioner receives a request for a waiver under Subsection (b), the commissioner shall send a written notice to the school district granting or denying the request. A decision of the commissioner may be appealed as provided by Section 7.057.

Sec. 29.167. ELIGIBLE COMMUNITY PROVIDERS. (a) To be eligible to contract with a school district to provide an enhanced program, a community provider must be center-based and licensed by and in good standing with the Department of Family and Protective Services. For purposes of this subsection, a community 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 under Section 42.071, 42.072, or 42.078, Human Resources Code, during the 12-month period preceding the date of a contract with a school district.

(b) Except as provided by Subsection (c), an eligible community provider must also:

(1) be certified through the school readiness certification system established under Section 29.161;

(2) be a Texas Early Education Model participant;

(3) be a Texas Rising Star Provider with a three-star certification or higher; or

(4) be accredited by a research-based, nationally recognized, and universally accessible accreditation system approved by the agency that requires a developmentally appropriate curriculum that includes math, science, social studies, and literacy components.

(c) Notwithstanding failure to satisfy the requirements of Subsection (b) and subject to Subsection (d), a community provider otherwise eligible to contract with a school district under Subsection (a) may contract with a district if:

(1) the community provider meets quality criteria adopted by the district that are:

(A) based on the best available peer-reviewed research; and

(B) made available to the public in a timely manner; and

(2) the commissioner approves the arrangement.

(d) A community provider contracting with a school district as provided by Subsection (c) must meet the requirements for eligibility provided by Subsection (b) not later than the second anniversary of the date the contract was executed.

Sec. 29.168. WRITTEN CONTRACT REQUIRED. A school district and a community provider contracting under this subchapter shall enter a written contract governing the services to be provided by the community provider. The contract may provide that:

(1) the school district leases school facilities from the community provider;

(2) the school district employs a teacher for the prekindergarten class and the community provider supplies the school facilities and all other personnel and supplies; or

(3) the community provider supplies the school facilities, teachers, personnel, and supplies.

Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) For each school district prekindergarten student in average daily attendance in an enhanced program class provided by a community provider in which the community provider supplies the school facilities, teachers, personnel, and supplies, a school district shall reimburse the community provider in an amount not less than the amount of the district's adjusted basic allotment, as determined under Section 42.102 or 42.103, as applicable, multiplied by 1.0.

(b) Funding provided under this section does not affect a community provider's eligibility to receive any other local, state, or federal funds to provide before-school, after-school, and summer child care.

Sec. 29.170. ANNUAL ENHANCED PROGRAM REPORT. A school district operating an enhanced program shall provide an annual report to the agency not later than August 1 of each year. The report must include:

(1) the percentage of the total increase in prekindergarten funding, as described by Section 29.166, used by the district to contract with community providers; and

(2) any other information required by commissioner rule.

Sec. 29.171. DUTIES OF COMMISSIONER. The commissioner shall:

(1) prepare and deliver to each member of the legislature a biennial report describing:

(A) efforts to:

(i) encourage community providers to participate in the enhanced program; and

(ii) improve the quality of parental involvement in prekindergarten programs; and

(B) class sizes of prekindergarten classes provided through the program;

(2) provide technical assistance through regional education service centers:

(A) to school districts to:

(i) inform parents of prekindergarten options;

(ii) identify eligible community providers; and

(iii) create standardized forms and processes for outreach to and contracts with community providers;

(B) to community providers to establish contracts with school districts under this subchapter; and

(C) to community providers who are not eligible to contract with a school district under this subchapter to assist the providers in improving quality so that the providers will become eligible to contract with a school district; and

(3) encourage regional education service centers and school districts to use locally available child care resources and referral services.

Sec. 29.172. RULES. The commissioner may adopt rules necessary to implement this subchapter.

Sec. 29.173. LEGISLATIVE INTENT. It is the intent of the legislature that the funds provided for the operation of the enhanced program through the allotment under Section 42.1511 may not be used to pay for a public education voucher program or a public education voucher pilot program in which the program uses state funds to pay tuition vouchers for children to attend a private school. This section does not prohibit the use of state funding by a school district or open-enrollment charter school under a contract entered into by the district or school under a law in effect on January 1, 2009, if state funds are paid directly to the district or school.

Sec. 29.174. ENHANCED PROGRAM EVALUATION. (a) Using funds available for that purpose, in an amount not to exceed $150,000 each fiscal year, the commissioner shall contract for an evaluation of the effectiveness of the enhanced program in promoting student achievement and school readiness.

(b) Not later than December 1, 2010, the commissioner shall deliver an interim report to the legislature containing the preliminary results of the evaluation.

(c) Not later than December 1, 2012, the commissioner shall deliver to the legislature a final report regarding the program.

(d) This section expires December 1, 2012.

SECTION 3. Section 25.001(a), Education Code, is amended to read as follows:

(a) A person who, on the first day of September of any school year, is at least five years of age and under 21 years of age, or is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 or Subchapter E-1, Chapter 29, is entitled to the benefits of the available school fund.

SECTION 4. Section 42.003(b), Education Code, is amended to read as follows:

(b) A student to whom Subsection (a) does not apply is entitled to the benefits of the Foundation School Program if the student is enrolled in a prekindergarten class under Section 29.153 or Subchapter E-1, Chapter 29.

SECTION 5. Subchapter C, Chapter 42, Education Code, is amended by adding Section 42.1511 to read as follows:

Sec. 42.1511. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN ALLOTMENT. For each student in average daily attendance in an enhanced quality full-day prekindergarten program under Subchapter E-1, Chapter 29, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 0.2.

SECTION 6. This Act applies beginning with the 2009-2010 school year.

SECTION 7. 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, 2009.