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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility of certain children for public school |
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prekindergarten classes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.153, Education Code, is amended by |
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amending Subsections (a), (b), and (f) and adding Subsection (a-1) |
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to read as follows: |
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(a) In this section: |
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(1) "Child" includes a stepchild. |
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(2) "Parent" includes a stepparent. |
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(a-1) A district shall offer prekindergarten classes if the |
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district identifies 15 or more children who are eligible under |
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Subsection (b) and are at least four years of age. A school |
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district may offer prekindergarten classes if the district |
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identifies 15 or more eligible children who are at least three years |
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of age. A district may not charge tuition for a prekindergarten |
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class offered under this section. |
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(b) A child is eligible for enrollment in a prekindergarten |
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class under this section if the child is at least three years of age |
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and: |
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(1) is unable to speak and comprehend the English |
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language; |
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(2) is educationally disadvantaged; |
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(3) is a homeless child, as defined by 42 U.S.C. |
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Section 11434a, regardless of the residence of the child, of either |
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parent of the child, or of the child's guardian or other person |
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having lawful control of the child; |
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(4) is the child of an active duty member of the armed |
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forces of the United States, including the state military forces or |
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a reserve component of the armed forces, who is ordered to active |
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duty by proper authority; |
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(5) is the child of a member of the armed forces of the |
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United States, including the state military forces or a reserve |
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component of the armed forces, who was injured or killed while |
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serving on active duty; [or] |
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(6) is or ever has been in the conservatorship of the |
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Department of Family and Protective Services following an adversary |
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hearing held as provided by Section 262.201, Family Code; or |
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(7) is the child of a classroom teacher who teaches at |
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a school in which at least 99 percent of the students are |
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educationally disadvantaged. |
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(f) A child who is eligible for enrollment in a |
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prekindergarten class under Subsection (b)(4) or (5) remains |
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eligible for enrollment if the child's parent leaves the armed |
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forces, or is no longer on active duty, after the child begins a |
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prekindergarten class. A child who is eligible for enrollment in a |
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prekindergarten class under Subsection (b)(7) remains eligible for |
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enrollment if the child's parent ceases teaching at a school |
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described by Subsection (b)(7) after the child begins a |
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prekindergarten class. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |