|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of child-care providers by the Texas |
|
Workforce Commission and local workforce development boards. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 29.158(d), Education Code, is amended to |
|
read as follows: |
|
(d) In coordinating child-care services under this section |
|
and in making any related decision to contract with another |
|
provider for child-care services, the agency, Texas Workforce |
|
Commission, local workforce development boards, and each |
|
prekindergarten program provider, Head Start and Early Head Start |
|
program provider, and provider of an after-school child-care |
|
program provided at a school shall consider the quality of the |
|
services involved in the proposed coordination or contracting |
|
decision and shall give preference to services of the highest |
|
quality. Any appropriate indicator of quality services may be |
|
considered under this subsection, including whether the provider of |
|
the services: |
|
(1) meets [the] Texas Rising Star Program |
|
certification [Provider] criteria [described by 40 T.A.C. Section
|
|
809.15(b)]; |
|
(2) is accredited by a nationally recognized |
|
accrediting organization approved by the Texas Workforce |
|
Commission and the Department of Family and Protective [and
|
|
Regulatory] Services; |
|
(3) meets standards developed by the State Center for |
|
Early Childhood Development; or |
|
(4) has achieved any other measurable target relevant |
|
to improving the quality of child care in this state. |
|
SECTION 2. 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 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) 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 certification [Provider] criteria [described
|
|
by Texas Workforce Commission rules]. |
|
SECTION 3. 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 4. 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 rating a child care |
|
provider who provides child care to a child younger than 13 years of |
|
age, including infants and toddlers, enrolled in the subsidized |
|
program. |
|
(c) The commission shall make money available to each board |
|
to hire necessary employees to provide technical assistance under |
|
Section 2308.320 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 5. 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 four years of age that encourages child care |
|
providers to voluntarily meet the certification 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 four years of age |
|
in low-income communities. This section may not be interpreted to |
|
limit parental choice. |
|
SECTION 6. Section 2308.317, Government Code, is amended by |
|
amending Subsection (a) and adding Subsections (c) and (d) to read |
|
as follows: |
|
(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: |
|
(1) quality child care programs, including programs: |
|
(A) whose director receives mentoring; or |
|
(B) that are in the process of obtaining a Texas |
|
Rising Star Program rating; |
|
(2) technical assistance for providers as described by |
|
Section 2308.320; |
|
(3) professional development for child care |
|
providers, directors, and employees; |
|
(4) educational materials for children served by child |
|
care providers; and |
|
(5) educational information for parents important for |
|
the development of a child under five years of age. |
|
(c) Each board shall use at least two percent of the board's |
|
yearly allocation from the commission for quality child care |
|
initiatives that contribute to kindergarten readiness. In |
|
addition, a board may use money available from other public or |
|
private sources for quality child care initiatives. |
|
(d) Each board shall annually report to the commission |
|
regarding the board's use of the two percent allocation described |
|
by Subsection (c). |
|
SECTION 7. Section 2308.3171, Government Code, is amended |
|
to read as follows: |
|
Sec. 2308.3171. INFORMATION ON QUALITY CHILD CARE. (a) In |
|
this section, "quality child-care indicator" means any appropriate |
|
indicator of quality services, including whether the provider of |
|
the services: |
|
(1) meets [the] Texas Rising Star Program |
|
certification [Provider] criteria [described by commission rules]; |
|
(2) is accredited by a nationally recognized |
|
accrediting organization approved by the commission; |
|
(3) is certified under the school readiness |
|
certification system established under Section 29.161, Education |
|
Code; |
|
(4) meets standards developed under Section |
|
29.155(g), Education Code; or |
|
(5) has achieved any other measurable target that is |
|
relevant to improving the quality of child care in this state and |
|
that has been approved by the commission. |
|
(b) Each board shall provide information on quality |
|
child-care indicators to [for] each licensed or registered |
|
child-care provider in the area. Each board shall determine the |
|
manner in which to provide this information. |
|
(c) Each board shall post on the board's Internet website |
|
and at any physical location where the board provides services: |
|
(1) a list of local designated vendors that are |
|
child-care providers and have a quality child-care indicator listed |
|
in Subsection (a)(1), (2), (3), or (4); and |
|
(2) a list of local parenting classes [determine the
|
|
manner in which to provide the information required by this
|
|
section]. |
|
(d) A child-care provider who receives funding or |
|
reimbursement for child-care services from a board shall post a |
|
certification or accreditation described by Subsection (a) at the |
|
entrance of the provider's facility. |
|
SECTION 8. 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 9. 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 the commission; |
|
(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 who participated on the Quality Rating and |
|
Improvement System subcommittee; |
|
(5) at least one member who is appointed to a workforce |
|
development board; |
|
(6) at least three members who are Texas Rising Star |
|
Program providers with different Texas Rising Star Program ratings: |
|
(A) at least one of whom must be a for-profit |
|
private provider; |
|
(B) at least one of whom must be a single-site |
|
provider; and |
|
(C) at least one of whom must be a multi-site |
|
provider; |
|
(7) at least one provider who has participated in the |
|
Texas School Ready! project; and |
|
(8) at least three members employed by different |
|
boards who work in the employing board's child care program and have |
|
experience and expertise in early childhood development or the |
|
Texas Rising Star Program or other similar certification or |
|
accreditation programs. |
|
(c) The work group shall hold the group's initial meeting |
|
not later than November 1, 2013, 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 May 1, 2014, the work group shall submit |
|
to the executive director of the commission recommendations |
|
proposing revisions to the commission's guidelines 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) guidelines for infants and toddlers in child care; |
|
(5) requirements regarding staff-to-child ratios and |
|
group sizes; |
|
(6) training hours for providers; |
|
(7) playground standards; |
|
(8) 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 for Family Child Care standards, United States |
|
Department of Defense standards, national accreditation standards, |
|
and School Ready certification standards; |
|
(9) research on infant and toddler brain development; |
|
and |
|
(10) strategies for the long-term financing of the |
|
Texas Rising Star Program, including financing the payment of: |
|
(A) incentives to child-care providers |
|
participating in the program; and |
|
(B) grants and rewards to child-care providers |
|
that achieve and maintain high levels of service. |
|
(f) Not later than September 1, 2014, 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, 2013. |
|
(h) This section expires December 1, 2014. |
|
SECTION 10. This Act takes effect September 1, 2013. |