82R615 EAH-D
 
  By: Lozano H.B. No. 761
 
 
 
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-1), (b), and (f), Education
  Code, are amended to read as follows:
         (a-1)  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:
                     (A) [(1)]  is unable to speak and comprehend the
  English language;
                     (B) [(2)]  is educationally disadvantaged;
                     (C) [(3)]  is a homeless child, as defined by 42
  U.S.C. Section 11434a, 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)]  is 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;
                     (E) [(5)]  is 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
                     (F) [(6)]  is or ever has been in the
  conservatorship of the Department of Family and Protective Services
  following an adversary hearing held as provided by Section 262.201,
  Family Code; 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 2011-2012
  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, 2011.