82R8865 TJB-F

By: Strama H.B. No. 2269

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of child-care facilities by the Texas Workforce Commission and the Department of Family and Protective Services, including the Texas Rising Star Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2155.202, Government Code, is amended to read as follows:

Sec. 2155.202. MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD CARE PROVIDERS. The following entities may purchase goods and services through the comptroller:

(1) a [A] community center for mental health and mental retardation services that receives state grants-in-aid under Subchapter B, Chapter 534, Health and Safety Code;

(2) [, and] an assistance organization as defined by Section 2175.001 that receives state funds; and

(3) a child care provider that meets the Texas Rising Star Program provider criteria described by Texas Workforce Commission rules [may purchase goods and services through the commission].

SECTION 2. Section 2308.315, Government Code, is amended to read as follows:

Sec. 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. (a) Each board shall establish graduated reimbursement rates for child care based on the commission's Texas Rising Star Program [Texas Workforce Commission's designated vendor program].

(b) The minimum reimbursement rate for a Texas Rising Star Program provider [designated vendors] must be [at least five percent] greater than the maximum rate established for a provider who is not a Texas Rising Star Program provider [nondesignated vendors] for the same category of care. The reimbursement rate must be:

(1) at least five percent higher for a provider with a two-star rating;

(2) at least seven percent higher for a provider with a three-star rating; and

(3) at least nine percent higher for a provider with a four-star rating.

(c) The Texas Rising Star Program [designated vendor] rate differential established in this section shall be funded with federal child care development funds [dedicated to quality improvement activities].

SECTION 3. Subchapter G, Chapter 2308, Government Code, is amended by adding Section 2308.3155 to read as follows:

Sec. 2308.3155. TEXAS RISING STAR PROGRAM. (a) The Texas Rising Star Program is a voluntary, quality-based child care rating system of child care providers participating in the commission's subsidized child care program.

(b) The commission shall adopt rules to administer the Texas Rising Star Program, including guidelines for certifying a child care provider who provides child care to a child younger than 13 years of age enrolled in the subsidized program.

(c) The commission shall make money available to each board to hire necessary employees for the Texas Rising Star Program from the child care and development block grant. In addition, a board may use money available from other public or private sources to hire necessary employees for the program.

SECTION 4. Section 2308.316, Government Code, is amended to read as follows:

Sec. 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall allocate a portion of the board's federal child care development funds dedicated to quality improvement activities to a competitive procurement process for a system for quality child care for children under 13 [four] years of age that encourages child care providers to voluntarily meet the criteria of the commission's Texas Rising Star Program [Texas Workforce Commission's designated vendor program or national accreditation]. In allocating funds under this section, special consideration shall be given to funding child care for children under 13 [four] years of age in low-income communities. This section may not be interpreted to limit parental choice.

SECTION 5. Section 2308.317, Government Code, is amended to read as follows:

Sec. 2308.317. EXPENDITURES FOR CERTAIN CHILD CARE QUALITY IMPROVEMENT ACTIVITIES. (a) Notwithstanding any other law, the commission [Texas Workforce Commission] shall ensure that, to the extent federal child care development funds dedicated to quality improvement activities are used to improve quality and availability of child care, those funds are used only for quality child care programs, including programs:

(1) whose director receives mentoring; or

(2) that are in the process of obtaining a certification or accreditation.

(b) For purposes of this section, a quality child care program is a program that:

(1) promotes:

(A) the physical, social, emotional, and intellectual development of young children;

(B) frequent, positive, warm interactions appropriate to a child's age and development; [and]

(C) regular communication with parents who are welcomed by the program at all times to participate in activities and to observe, discuss, and recommend policies;

(D) regular educational opportunities for parents by providing parenting classes and other educational information important for the development of a child under five years of age; and

(E) professional development for child care providers, directors, and employees; and

(2) provides:

(A) a healthy, safe, and nurturing environment for young children;

(B) planned learning activities appropriate to a child's age and development;

(C) specially trained child care providers;

(D) a sufficient number of adults to respond to the needs of each child;

(E) a variety of age-appropriate materials;

(F) nutritious meals and snacks;

(G) an effective program administration; and

(H) an ongoing, systematic evaluation process for the program.

(c) Each board shall use at least two percent of the board's yearly allocation from the commission for quality child care initiatives. In addition, a board may use money available from other public or private sources for quality child care initiatives.

SECTION 6. Subchapter G, Chapter 2308, Government Code, is amended by adding Section 2308.3175 to read as follows:

Sec. 2308.3175. QUALITY CHILD CARE INFORMATION. (a) In this section, "quality child care indicator" means an appropriate certification, license, accreditation, or other indicator that a provider is a quality child care provider, including that the provider:

(1) meets the Texas Rising Star Program provider certification criteria;

(2) is accredited as a child care provider by a nationally recognized organization approved by the commission and the Department of Family and Protective Services;

(3) is certified under the school readiness certification system under Section 29.161, Education Code; or

(4) meets standards for model early childhood care and education coordination developed under Section 29.155(g), Education Code.

(b) Each board shall provide information on quality child care indicators to each child care provider in the area served by the board that:

(1) provides child care services funded by the board; or

(2) receives reimbursement for child care services from the board.

(c) Each board shall post on the board's Internet website and at any physical location where the board provides services a list of child care providers with a quality child care indicator.

(d) A child care provider who receives funding or reimbursement for child care services from a board shall post a license, certification, or assessment described by Subsection (a) at the entrance of the provider's facility and on the provider's Internet website.

(e) Each board shall post on the board's Internet website quality child care training opportunities for providers, including online training.

SECTION 7. Subchapter G, Chapter 2308, Government Code, is amended by adding Section 2308.320 to read as follows:

Sec. 2308.320. TECHNICAL ASSISTANCE FOR PROVIDERS. Each board shall provide technical assistance to Texas Rising Star Program providers and to providers seeking certification under the Texas Rising Star Program, including providing:

(1) a child development specialist to serve as an evaluator of the provider during the certification process;

(2) a mentor or coach to a Texas Rising Star Program provider to meet regularly with the provider and provide child care resources to the provider, including developmentally appropriate books, materials, and equipment;

(3) consumer information regarding the selection of quality child care for parents of children enrolled in the program; and

(4) parenting education information for parents of children enrolled in the program, including information about parenting classes that are available in the area or on the Internet.

SECTION 8. Subchapter G, Chapter 2308, Government Code, is amended by adding Section 2308.321 to read as follows:

Sec. 2308.321. TEXAS RISING STAR PROGRAM REVIEW WORK GROUP. (a) The Texas Rising Star Program review work group is established to propose revisions to the commission's rules on the Texas Rising Star Program.

(b) The work group consists of the following members appointed by the executive director of the commission:

(1) at least one member from a board;

(2) at least one member from the Department of Family and Protective Services;

(3) at least one member from the Texas Education Agency;

(4) at least one member from the governor's Texas Early Learning Council;

(5) at least one member that is a Texas Rising Star Program provider; and

(6) at least one member with experience in the field of subsidized child care systems and programs.

(c) The work group shall hold the group's initial meeting not later than October 1, 2011, and shall meet at other times as determined by the presiding officer.

(d) The work group shall elect a presiding officer by a vote of the membership of the work group.

(e) Not later than January 1, 2012, the work group shall submit to the executive director of the commission proposed revisions to the commission's rules relating to the Texas Rising Star Program. In making its recommendations, the work group shall consider:

(1) professional development standards for child care directors and employees, including training and annual professional development requirements;

(2) education and experience requirements for mentors and evaluators;

(3) early learning and school readiness standards;

(4) requirements regarding staff-to-child ratios and group sizes;

(5) playground standards; and

(6) best practices guidelines based on standards adopted by nationally recognized organizations, including Head Start Program Performance Standards, National Health and Safety Performance Standards, National Association of the Education of Young Children program standards and accreditation criteria, National Association of Family Child Care standards, United States Department of Defense standards, national accreditation standards, and School Ready certification standards.

(f) Not later than July 1, 2012, the commission shall propose rules that incorporate the proposed revisions submitted by the work group under Subsection (e).

(g) The executive director of the commission shall make the appointments under this section on September 1, 2011.

(h) This section expires July 1, 2013.

SECTION 9. Section 42.0421, Human Resources Code, is amended by amending Subsection (a) and adding Subsections (f) and (g) to read as follows:

(a) The minimum training standards prescribed by the department under Section 42.042(p) for an employee of a day-care center or group day-care home must include:

(1) 16 [eight] hours of initial training for an employee of a day-care center who has no previous training or less than two years employment experience in a regulated child-care facility, to be completed before the employee is given responsibility for a group of children;

(2) 24 [15] hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas:

(A) child growth and development;

(B) guidance and discipline;

(C) age-appropriate curriculum; and

(D) teacher-child interaction; and

(3) 30 [20] hours of annual training for each director of a day-care center or group day-care home, which must include at least six hours of training in one or more of the following areas:

(A) child growth and development;

(B) guidance and discipline;

(C) age-appropriate curriculum; and

(D) teacher-child interaction.

(f) The training required by this section must be appropriately targeted and relevant to the age of the children who will receive care from the individual receiving training and must be provided by a person who:

(1) is a training provider registered with the Texas Early Care and Education Career Development System's Texas Trainer Registry that is maintained by the Texas Head Start State Collaboration Office;

(2) is an instructor at a public or private secondary school or at a public or private institution of higher education, as defined by Section 61.801, Education Code, who teaches early childhood development or another relevant course, as determined by rules adopted by the commissioner of education and the commissioner of higher education;

(3) is an employee of a state agency with relevant expertise;

(4) is a physician, psychologist, licensed professional counselor, social worker, or registered nurse; or

(5) holds a generally recognized credential or possesses documented knowledge relevant to the training the person will provide.

(g) The director, owner, or operator of a day-care center or group day-care home shall provide to a new employee an orientation to the facility not later than the seventh day after the date the employee begins employment.

SECTION 10. (a) Section 42.0421(a)(1), Human Resources Code, as amended by this Act, and Section 42.0421(g), Human Resources Code, as added by this Act, apply only to an employee who is initially employed by a day-care center or group day-care home on or after the effective date of this Act. An employee who is initially employed by a facility before that date is subject to the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(b) Sections 42.0421(a)(2) and (3), Human Resources Code, as amended by this Act, apply to an employee or director of a day-care center or group day-care home regardless of the date the person began employment with or service as director of the facility.

SECTION 11. This Act takes effect September 1, 2011.