81R574 JRJ-D
 
  By: Madden H.B. No. 1891
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state funding for certain children to attend certain
  private prekindergarten programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 29.1532(a) and (b), Education Code, are
  amended to read as follows:
         (a)  A school district's prekindergarten program:
               (1)  shall be designed to develop skills necessary for
  success in the regular public school curriculum, including
  language, mathematics, and social skills; and
               (2)  must comply with the standards for certification
  of effectiveness of the school readiness certification system
  adopted under Section 29.161.
         (b)  If a school district contracts with a private entity for
  the operation of the district's prekindergarten program, the
  program must at a minimum comply with:
               (1)  the applicable child-care licensing standards
  adopted by the Department of Protective and Regulatory Services
  under Section 42.042, Human Resources Code; and
               (2)  the standards for certification of effectiveness
  of the school readiness certification system adopted under Section
  29.161.
         SECTION 2.  Subchapter E, Chapter 29, Education Code, is
  amended by adding Section 29.1534 to read as follows:
         Sec. 29.1534.  STATE FUNDING FOR ELIGIBLE CHILDREN TO ATTEND
  QUALIFIED PRIVATE PREKINDERGARTEN. (a) In accordance with this
  section and rules adopted under this section, a school district
  required or authorized under Section 29.153(a) to offer
  prekindergarten classes shall pay the costs of a child eligible
  under Section 29.153(b) for enrollment in a district
  prekindergarten program to attend a prekindergarten program
  provided by a private entity with which the district has not
  contracted to operate the district's prekindergarten program.
         (b)  The amount of money for an eligible child that a school
  district shall pay under this section is the lesser of:
               (1)  the standard amount of tuition and required fees
  the private entity charges for the prekindergarten program; or
               (2)  an amount equal to the average total funding
  amount for each prekindergarten student in the district during the
  preceding school year for maintenance and operations, including
  state and local funding, but excluding money from the available
  school fund.
         (c)  An eligible child who attends a private prekindergarten
  program under this section:
               (1)  is included in determining the average daily
  attendance under Section 42.005 of the school district in which the
  student would otherwise attend school; and
               (2)  is considered to be enrolled in a prekindergarten
  class under Section 29.153 for purposes of Section 42.003(b).
         (d)  A private entity may not charge an eligible child
  attending a prekindergarten program under this section tuition or
  required fees in addition to the amount paid by a school district
  under Subsection (b).
         (e)  The commissioner by rule shall establish:
               (1)  standards with which the prekindergarten program
  of a private entity must comply for the entity to be eligible to
  receive payment under this section;
               (2)  a method for the application for and the delivery
  of that payment; and
               (3)  the manner in which the parent of an eligible child
  must apply for funding to permit the child to attend the
  prekindergarten program.
         (f)  The standards established under Subsection (e)(1) must:
               (1)  provide a fair process for admission to the
  prekindergarten program provided by the private entity that:
                     (A)  may give preference to siblings of an
  enrolled student or children residing in the same household as an
  enrolled student;
                     (B)  requires that the program not refuse to
  enroll a child on the basis of the child's race, national origin,
  ethnic background, religion, or disability; and
                     (C)  establishes a policy to fill positions in
  case a program has more applicants under this section than
  available positions; and
               (2)  require that the program comply with:
                     (A)  the standards for certification of
  effectiveness of the school readiness certification system adopted
  under Section 29.161; and
                     (B)  any additional standards the commissioner
  determines appropriate.
         (g)  The agency shall contract with the State Center for
  Early Childhood Development for the center to provide technical
  assistance to a private entity to assist the entity as necessary in
  meeting the standards required by Subsection (f)(2). The center
  shall charge the private entity an amount equal to the actual costs
  of delivering the technical assistance.
         (h)  The commissioner shall adopt rules as necessary to
  administer this section.
         SECTION 3.  (a) The changes in law made by this Act to
  Section 29.1532, Education Code, apply to prekindergarten programs
  offered beginning with the 2010-2011 school year.
         (b)  The commissioner of education shall adopt rules to
  implement the provision of prekindergarten programs by private
  entities as provided by Section 29.1534, Education Code, as added
  by this Act, beginning with the 2010-2011 school year.
         SECTION 4.  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.