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A BILL TO BE ENTITLED
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AN ACT
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relating to using Foundation School Program funding to implement |
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the Texas School Ready Program at certain providers of private |
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prekindergarten programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 29, Education Code, is |
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amended by adding Section 29.1535 to read as follows: |
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Sec. 29.1535. TEXAS SCHOOL READY PREKINDERGARTEN PROGRAM. |
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(a) In this section: |
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(1) "Private provider" means a provider of a private |
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prekindergarten program that complies with the applicable |
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child-care licensing standards adopted by the Department of Family |
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and Protective Services under Section 42.042, Human Resources Code. |
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(2) "Texas School Ready Program" means a program |
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implemented and administered by the Children's Learning Institute |
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of The University of Texas Health Science Center at Houston that |
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links instructional practices necessary to prepare a student for |
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kindergarten with the achievement of scores that show the student |
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has acquired reading and social skills that have prepared the |
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student to enter kindergarten. |
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(b) A school district required or authorized under Section |
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29.153 to offer a prekindergarten program shall enter into a |
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contract with the Children's Learning Institute and a private |
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provider if: |
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(1) the Children's Learning Institute certifies to the |
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district that the Texas School Ready Program will be implemented |
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and administered at the private provider if the contract is |
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executed; and |
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(2) the private provider certifies to the district |
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that a child eligible to attend free prekindergarten in the |
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district under Section 29.153(b) is a student at the private |
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provider and will be enrolled in the Texas School Ready Program. |
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(c) A school district that enters into a contract with the |
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Children's Learning Institute and a private provider must agree |
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under the contract to pay: |
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(1) during the first year of the contract: |
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(A) the cost to initially implement the Texas |
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School Ready Program at the private provider, if the program has not |
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previously been implemented; or |
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(B) the cost to administer the Texas School Ready |
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Program at the private provider, if the program has previously been |
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implemented; and |
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(2) during the subsequent years of the contract, the |
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cost per year to administer the Texas School Ready Program at the |
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private provider. |
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(d) The amount required to be paid by a school district |
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under Subsection (c) for each contract during any year may not |
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exceed the amount determined by the following formula: |
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G = EC x AFA |
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where: |
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(1) "G" is the greatest amount required to be paid; |
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(2) "EC" is the number of children eligible to attend |
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free prekindergarten in the district under Section 29.153(b) who |
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are enrolled in the Texas School Ready Program offered by the |
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private provider during that year; and |
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(3) "AFA" is the average total funding amount for each |
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prekindergarten student in the district during the preceding school |
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year for maintenance and operations, including state and local |
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funding, but excluding money from the available school fund, or, if |
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the district did not operate a prekindergarten program during the |
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preceding school year, an amount determined by the commissioner. |
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(e) Each eligible child certified to the school district |
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under Subsection (b): |
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(1) is included in determining the average daily |
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attendance under Section 42.005 of the district in which the |
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student would otherwise attend school; and |
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(2) is considered to be enrolled in a prekindergarten |
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class under Section 29.153 for purposes of Section 42.003(b). |
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(f) The commissioner by rule shall establish: |
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(1) the method for a private provider, in conjunction |
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with the Children's Learning Institute, to apply to a school |
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district for a contract; |
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(2) standards for a fair admissions policy of a Texas |
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School Ready Program that a private provider must meet to be |
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eligible for a contract with a district, including standards that: |
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(A) may give preference to a sibling of an |
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enrolled student or to a child who resides in the same household as |
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an enrolled student; |
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(B) prohibit refusal to enroll a child on the |
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basis of the child's race, national origin, ethnic background, |
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religion, or disability; and |
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(C) provide for a random method of selecting |
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eligible students if a program has more applicants than available |
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positions; and |
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(3) any additional requirements applicable to a |
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contract between a private provider and a district, as determined |
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by the commissioner. |
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(g) The agency shall contract with the Children's Learning |
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Institute for the institute to provide technical assistance to a |
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private provider in meeting the requirements necessary to be |
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eligible to enter into a contract with a school district. |
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(h) The commissioner shall adopt rules as necessary to |
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administer this section. |
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SECTION 2. Not later than January 1, 2012, the commissioner |
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of education shall adopt rules necessary to implement Section |
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29.1535, Education Code, as added by this Act. |
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SECTION 3. Section 29.1535, Education Code, as added by |
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this Act, applies beginning with the 2012-2013 school year. |
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SECTION 4. 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, 2011. |