|
|
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 12.104(b), Education Code, is amended to |
|
read as follows: |
|
(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; and |
|
(2) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
|
(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
|
(B) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(C) reading instruments and accelerated reading |
|
instruction programs under Section 28.006; |
|
(D) satisfactory performance on assessment |
|
instruments and to accelerated instruction under Section 28.0211; |
|
(E) high school graduation under Section 28.025; |
|
(F) special education programs under Subchapter |
|
A, Chapter 29; |
|
(G) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(H) prekindergarten programs under Subchapter E |
|
or E-1, Chapter 29; |
|
(I) extracurricular activities under Section |
|
33.081; |
|
(J) discipline management practices or behavior |
|
management techniques under Section 37.0021; |
|
(K) health and safety under Chapter 38; |
|
(L) public school accountability under |
|
Subchapters B, C, D, and G, Chapter 39; |
|
(M) the requirement under Section 21.006 to |
|
report an educator's misconduct; and |
|
(N) intensive programs of instruction under |
|
Section 28.0213. |
|
SECTION 2. Section 28.002(l), Education Code, is amended to |
|
read as follows: |
|
(l) A school district shall require a student enrolled in |
|
full-day prekindergarten, in kindergarten, or in a grade level |
|
below grade six to participate in moderate or vigorous daily |
|
physical activity for at least 30 minutes throughout the school |
|
year as part of the district's physical education curriculum or |
|
through structured activity during a school campus's daily recess. |
|
To the extent practicable, a school district shall require a |
|
student enrolled in prekindergarten on less than a full-day basis |
|
to participate in the same type and amount of physical activity as a |
|
student enrolled in full-day prekindergarten. A school district |
|
shall require students enrolled in grade levels six, seven, and |
|
eight to participate in moderate or vigorous daily physical |
|
activity for at least 30 minutes for at least four semesters during |
|
those grade levels as part of the district's physical education |
|
curriculum. If a school district determines, for any particular |
|
grade level below grade six, that requiring moderate or vigorous |
|
daily physical activity is impractical due to scheduling concerns |
|
or other factors, the district may as an alternative require a |
|
student in that grade level to participate in moderate or vigorous |
|
physical activity for at least 135 minutes during each school week. |
|
Additionally, a school district may as an alternative require a |
|
student enrolled in a grade level for which the district uses block |
|
scheduling to participate in moderate or vigorous physical activity |
|
for at least 225 minutes during each period of two school weeks. A |
|
school district must provide for an exemption for: |
|
(1) any student who is unable to participate in the |
|
required physical activity because of illness or disability; and |
|
(2) a middle school or junior high school student who |
|
participates in an extracurricular activity with a moderate or |
|
vigorous physical activity component that is considered a |
|
structured activity under rules adopted by the commissioner. |
|
SECTION 3. Section 28.006, Education Code, is amended by |
|
adding Subsections (d-2) and (d-3) to read as follows: |
|
(d-2) A school district that participates in the grant |
|
program under Subchapter E-1, Chapter 29, shall include |
|
student-level results of reading instruments administered at the |
|
kindergarten and first and second grade levels in the district's |
|
Public Education Information Management System (PEIMS) report. |
|
(d-3) If a school district that participates in the grant |
|
program under Subchapter E-1, Chapter 29, administers a reading |
|
instrument that does not provide information in a form that can be |
|
reported to the agency on the Public Education Information |
|
Management System (PEIMS) report, the commissioner shall adopt an |
|
alternative reporting method that allows the district to submit |
|
student-level results of reading instruments administered by the |
|
district at the kindergarten and first and second grade levels. |
|
SECTION 4. 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 free of tuition or fees in |
|
accordance with this subchapter. |
|
Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN |
|
PROGRAM GRANTS. (a) From funds appropriated for that purpose, the |
|
commissioner by rule shall establish a grant program under which |
|
grants are awarded to school districts to implement an enhanced |
|
quality full-day prekindergarten program for children eligible for |
|
classes under Section 29.153. |
|
(b) A school district may apply to the commissioner to |
|
participate in the grant program. In awarding grants under this |
|
subchapter for each school year, the commissioner shall give |
|
priority in the order listed to the following school districts: |
|
(1) school districts that receive grant funding from |
|
the commissioner for early childhood education in an amount less |
|
than 60 percent of the amount awarded for that purpose during the |
|
2008-2009 school year and demonstrate above-average student |
|
performance for the preceding three school years on the assessment |
|
instruments administered under Section 39.023 to students in the |
|
third grade; |
|
(2) school districts that receive grant funding from |
|
the commissioner for early childhood education in a lesser amount |
|
than the amount provided for that purpose during the 2008-2009 |
|
school year and demonstrate above-average student performance for |
|
the preceding three school years on the assessment instruments |
|
administered under Section 39.023 to students in the third grade; |
|
and |
|
(3) school districts that provide services to eligible |
|
prekindergarten students and demonstrate above-average student |
|
performance for the preceding three school years on the assessment |
|
instruments administered under Section 39.023 to students in the |
|
third grade. |
|
(c) 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 certified teacher or teacher's aide for each 11 |
|
students. Each program class must have at least one certified |
|
teacher. |
|
(d) A certified teacher in the program must have a minimum |
|
of nine semester credit hours of college education courses |
|
emphasizing early childhood education. |
|
(e) A school district must select and implement a curriculum |
|
for the program that includes the prekindergarten guidelines |
|
established by the agency. |
|
(f) 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) A school district that provides an enhanced program shall use |
|
at least 20 percent of grant funds provided under this subchapter 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) after a good faith effort, 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 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 |
|
and the affected community provider, if applicable, granting or |
|
denying the request. A school district or community provider |
|
affected by a decision of the commissioner under this subsection |
|
may appeal the decision 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 meet one of the following criteria: |
|
(1) the community provider must be certified through |
|
the school readiness certification system established under |
|
Section 29.161; |
|
(2) the community provider must be a Texas Early |
|
Education Model participant; |
|
(3) the community provider must be a Texas Rising Star |
|
Provider with a three-star certification or higher; or |
|
(4) the community provider must 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, literacy, physical development, and |
|
social and emotional 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 first |
|
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 for, but is not |
|
limited to, the following types of partnerships: |
|
(1) the school district leases school facilities to or |
|
from the community provider; |
|
(2) the school district employs a certified 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, certified teachers, personnel, and supplies. |
|
Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) Except as |
|
provided by Subsection (b), the amount of reimbursement provided by |
|
a school district to a community provider is negotiable between the |
|
district and the community provider based on the services provided. |
|
(b) For each school district prekindergarten student in |
|
attendance in an enhanced program class provided by a community |
|
provider in which the community provider supplies the school |
|
facilities, certified teachers, personnel, and supplies, a school |
|
district shall reimburse the community provider in an amount not |
|
less than the sum of: |
|
(1) the amount of the district's adjusted basic |
|
allotment, as determined under Section 42.102 or 42.103, as |
|
applicable, multiplied by 1.0; and |
|
(2) the amount of any additional funding received by |
|
the district for the student under Subchapter C, Chapter 42. |
|
(c) 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. DISCRIMINATION BY COMMUNITY PROVIDER |
|
PROHIBITED. A community provider may not deny enhanced program |
|
services to a student on the basis of the student's race, religion, |
|
sex, ethnicity, national origin, or disability. |
|
Sec. 29.171. 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 the percentage of the grant funds provided |
|
under this subchapter used by the district to contract with |
|
community providers. |
|
Sec. 29.172. COLLECTION AND REPORTING OF INFORMATION. The |
|
agency shall: |
|
(1) collect and maintain information that is reported |
|
by a school district to the agency under Section 28.006 and |
|
information from the assessment instruments administered under |
|
Section 39.023 to students in the third grade; |
|
(2) produce longitudinal student performance reports |
|
using student-level information collected for consecutive grade |
|
levels; and |
|
(3) make the reports available and accessible to |
|
parents and the general public. |
|
Sec. 29.173. ENHANCED PROGRAM EVALUATION. (a) Using |
|
information provided to the agency under Sections 29.171 and 29.172 |
|
and using funds available for that purpose, the Legislative Budget |
|
Board shall conduct or contract for an evaluation of the |
|
effectiveness of the enhanced program regarding student |
|
performance outcomes. |
|
(b) Not later than December 1, 2012, the board shall deliver |
|
an interim report to the legislature containing the preliminary |
|
results of the evaluation. |
|
(c) Not later than December 1, 2016, the board shall deliver |
|
to the legislature a final report regarding the program. |
|
(d) This section expires December 1, 2016. |
|
Sec. 29.174. DUTIES OF COMMISSIONER. The commissioner |
|
shall: |
|
(1) require regional education service centers to |
|
assist: |
|
(A) school districts in: |
|
(i) informing parents of prekindergarten |
|
options; |
|
(ii) identifying eligible community |
|
providers and maintaining an updated list of eligible community |
|
providers; and |
|
(iii) creating standardized forms and |
|
processes for outreach to and contracts with community providers |
|
for use when considering community partnerships; |
|
(B) community providers in establishing |
|
contracts with school districts under this subchapter; and |
|
(C) community providers who are not eligible to |
|
contract with a school district under this subchapter by providing |
|
information regarding eligibility to contract with a school |
|
district; and |
|
(2) encourage regional education service centers and |
|
school districts to use locally available child care resources and |
|
referral services. |
|
Sec. 29.175. STATE FUNDING; GRANT AMOUNT. (a) From funds |
|
appropriated for the purposes of this subchapter the commissioner |
|
shall award grants as provided by this subchapter. |
|
(b) The commissioner, in accordance with this subsection, |
|
shall determine the amount of each grant awarded under this |
|
subchapter. A grant must provide an amount of funding for each |
|
student in the program equal to the greater of: |
|
(1) the amount to which the district would be entitled |
|
under the foundation school program for an additional student in |
|
average daily attendance on a half-day basis; or |
|
(2) the amount of funding equal to the statewide |
|
average amount to which a district would be entitled under the |
|
foundation school program for an additional student in average |
|
daily attendance on a half-day basis. |
|
(c) Funding provided for each program student through a |
|
grant under this subchapter is in addition to funding otherwise |
|
provided for the student under Chapter 42. |
|
Sec. 29.176. RULES. The commissioner may adopt rules |
|
necessary to implement this subchapter. |
|
Sec. 29.177. STATE FUNDING; DIRECTIVE FOR GRANT PAYMENTS TO |
|
SCHOOL DISTRICTS. Funds provided for the operation of the enhanced |
|
program through a grant awarded under this subchapter must be paid |
|
directly to a public school district or open-enrollment charter |
|
school. Funds awarded under this subchapter may not be awarded |
|
directly to a private or nonprofit child care provider or to a |
|
private school. |
|
SECTION 5. This Act applies beginning with the 2009-2010 |
|
school year. |
|
SECTION 6. 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. |
|
|
|
* * * * * |