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        |  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to a high quality prekindergarten program provided by | 
      
        |  | public school districts. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subchapter B, Chapter 8, Education Code, is | 
      
        |  | amended by adding Section 8.058 to read as follows: | 
      
        |  | Sec. 8.058.  CHILD DEVELOPMENT ASSOCIATE TRAINING.  A | 
      
        |  | regional education service center may offer to teachers employed by | 
      
        |  | school districts the training required to be awarded a Child | 
      
        |  | Development Associate (CDA) credential. | 
      
        |  | SECTION 2.  Section 12.104(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  An open-enrollment charter school is subject to: | 
      
        |  | (1)  a provision of this title establishing a criminal | 
      
        |  | offense; and | 
      
        |  | (2)  a prohibition, restriction, or requirement, as | 
      
        |  | applicable, imposed by this title or a rule adopted under this | 
      
        |  | title, relating to: | 
      
        |  | (A)  the Public Education Information Management | 
      
        |  | System (PEIMS) to the extent necessary to monitor compliance with | 
      
        |  | this subchapter as determined by the commissioner; | 
      
        |  | (B)  criminal history records under Subchapter C, | 
      
        |  | Chapter 22; | 
      
        |  | (C)  reading instruments and accelerated reading | 
      
        |  | instruction programs under Section 28.006; | 
      
        |  | (D)  accelerated instruction under Section | 
      
        |  | 28.0211; | 
      
        |  | (E)  high school graduation requirements under | 
      
        |  | Section 28.025; | 
      
        |  | (F)  special education programs under Subchapter | 
      
        |  | A, Chapter 29; | 
      
        |  | (G)  bilingual education under Subchapter B, | 
      
        |  | Chapter 29; | 
      
        |  | (H)  prekindergarten programs under Subchapter E | 
      
        |  | or E-1, Chapter 29; | 
      
        |  | (I)  extracurricular activities under Section | 
      
        |  | 33.081; | 
      
        |  | (J)  discipline management practices or behavior | 
      
        |  | management techniques under Section 37.0021; | 
      
        |  | (K)  health and safety under Chapter 38; | 
      
        |  | (L)  public school accountability under | 
      
        |  | Subchapters B, C, D, E, F, G, and J, Chapter 39; | 
      
        |  | (M)  the requirement under Section 21.006 to | 
      
        |  | report an educator's misconduct; and | 
      
        |  | (N)  intensive programs of instruction under | 
      
        |  | Section 28.0213. | 
      
        |  | SECTION 3.  Section 25.001(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  A person who, on the first day of September of any school | 
      
        |  | year, is at least five years of age and under 21 years of age, or is | 
      
        |  | at least 21 years of age and under 26 years of age and is admitted by | 
      
        |  | a school district to complete the requirements for a high school | 
      
        |  | diploma is entitled to the benefits of the available school fund for | 
      
        |  | that year.  Any other person enrolled in a prekindergarten class | 
      
        |  | under Section 29.153 or Subchapter E-1, Chapter 29, is entitled to | 
      
        |  | the benefits of the available school fund. | 
      
        |  | SECTION 4.  Chapter 29, Education Code, is amended by adding | 
      
        |  | Subchapter E-1 to read as follows: | 
      
        |  | SUBCHAPTER E-1.  HIGH QUALITY PREKINDERGARTEN PROGRAM | 
      
        |  | Sec. 29.164.  DEFINITION.  In this subchapter, "program" | 
      
        |  | means a high quality prekindergarten program provided free of | 
      
        |  | tuition or fees in accordance with this subchapter. | 
      
        |  | Sec. 29.165.  HIGH QUALITY PREKINDERGARTEN PROGRAM. (a) From | 
      
        |  | funds appropriated for that purpose, the commissioner by rule shall | 
      
        |  | establish a funding program under which funds are awarded to school | 
      
        |  | districts and open-enrollment charter schools to implement a | 
      
        |  | prekindergarten program under this subchapter. | 
      
        |  | (b)  A school district may participate in and receive funding | 
      
        |  | under the program if the district meets all program standards | 
      
        |  | required under this subchapter. | 
      
        |  | (c)  A program is subject to any other requirements imposed | 
      
        |  | by law that apply to a prekindergarten program not provided in | 
      
        |  | accordance with this subchapter, except that to the extent a | 
      
        |  | conflict exists between this subchapter and any other provision of | 
      
        |  | law, this subchapter prevails. | 
      
        |  | Sec. 29.166.  HIGH QUALITY PROGRAM FUNDING. (a) In addition | 
      
        |  | to funding granted under Subsection (b), a school district is | 
      
        |  | eligible for half-day funding under the Foundation School Program | 
      
        |  | for students enrolled in a program class. | 
      
        |  | (b)  A school district is entitled to receive additional | 
      
        |  | funding in an amount determined by the commissioner for each | 
      
        |  | qualifying student described under Subsection (c) in average daily | 
      
        |  | attendance in a program class. | 
      
        |  | (c)  A student qualifies for additional funding under | 
      
        |  | Subsection (b) if the student is four years of age on September 1 of | 
      
        |  | the year the student begins the program. | 
      
        |  | (d)  A school district that receives the funding under this | 
      
        |  | section may use the funding only to improve the quality of the | 
      
        |  | district's prekindergarten programs. | 
      
        |  | Sec. 29.167.  HIGH QUALITY CURRICULUM AND TEACHER | 
      
        |  | REQUIREMENTS. (a) A school district shall select and implement a | 
      
        |  | curriculum for a prekindergarten program under this subchapter that | 
      
        |  | includes the prekindergarten guidelines established by the agency | 
      
        |  | and measures the progress of students in meeting the recommended | 
      
        |  | learning outcomes. | 
      
        |  | (b)  Each teacher for a prekindergarten program class must: | 
      
        |  | (1)  be certified under Subchapter B, Chapter 21; and | 
      
        |  | (2)  have been awarded a Child Development Associate | 
      
        |  | (CDA) credential. | 
      
        |  | (c)  A school district may allow a teacher employed by the | 
      
        |  | district to receive the training required to be awarded a Child | 
      
        |  | Development Associate (CDA) credential from a regional education | 
      
        |  | service center that offers the training in accordance with Section | 
      
        |  | 8.058. | 
      
        |  | Sec. 29.168.  PARENT ENGAGEMENT PLAN.  A school district | 
      
        |  | shall develop and implement a parent engagement plan to assist the | 
      
        |  | district in achieving and maintaining high levels of parental | 
      
        |  | involvement and positive parental attitudes toward education. | 
      
        |  | Sec. 29.169.  PROGRAM EVALUATION. A school district shall: | 
      
        |  | (1)  select and implement appropriate methods for | 
      
        |  | evaluating the district's program classes by measuring student | 
      
        |  | progress; and | 
      
        |  | (2)  make data from the results of program evaluations | 
      
        |  | available to parents. | 
      
        |  | Sec. 29.170.  PROGRAM FUNDING EVALUATION.  (a)  The | 
      
        |  | commissioner shall evaluate the use and effectiveness of funding | 
      
        |  | provided under this subchapter in improving student learning.  The | 
      
        |  | commissioner shall identify effective instruction strategies | 
      
        |  | implemented by school districts under this subchapter. | 
      
        |  | (b)  Not later than December 1, 2018, the commissioner shall | 
      
        |  | deliver a report to the legislature containing the results of the | 
      
        |  | evaluation. | 
      
        |  | (c)  This section expires December 31, 2018. | 
      
        |  | Sec. 29.171.  REPORT OF ADDITIONAL INFORMATION REQUIRED.  In | 
      
        |  | addition to information reported under Section 29.1532(c), a school | 
      
        |  | district that offers a prekindergarten program under this | 
      
        |  | subchapter shall include the following information in the | 
      
        |  | district's Public Education Information Management System (PEIMS) | 
      
        |  | report: | 
      
        |  | (1)  the class size and ratio of instructional staff to | 
      
        |  | students for each prekindergarten program class offered by the | 
      
        |  | district; and | 
      
        |  | (2)  each type of assessment instrument administered to | 
      
        |  | students enrolled in district prekindergarten program classes and | 
      
        |  | the results of each type of assessment instrument. | 
      
        |  | Sec. 29.172.  ELIGIBLE PRIVATE PROVIDERS.  (a)  A school | 
      
        |  | district participating in the program under this subchapter may | 
      
        |  | enter into a contract with an eligible private provider to provide | 
      
        |  | services or equipment for the program. | 
      
        |  | (b)  To be eligible to contract with a school district to | 
      
        |  | provide a program or part of a program, a private provider must be | 
      
        |  | licensed by and in good standing with the Department of Family and | 
      
        |  | Protective Services.  For purposes of this section, a private | 
      
        |  | provider is in good standing with the Department of Family and | 
      
        |  | Protective Services if the department has not taken an action | 
      
        |  | against the provider's license under Section 42.071, 42.072, or | 
      
        |  | 42.078, Human Resources Code, during the 24-month period preceding | 
      
        |  | the date of a contract with a school district.  The private provider | 
      
        |  | must also be accredited by a research-based, nationally recognized, | 
      
        |  | and universally accessible accreditation system approved by the | 
      
        |  | commissioner. | 
      
        |  | (c)  A prekindergarten program provided by a private | 
      
        |  | provider under this section is subject to the requirements of this | 
      
        |  | subchapter. | 
      
        |  | Sec. 29.173.  RULES.  The commissioner may adopt rules | 
      
        |  | necessary to implement this subchapter. | 
      
        |  | SECTION 5.  Section 42.003(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A student to whom Subsection (a) does not apply is | 
      
        |  | entitled to the benefits of the Foundation School Program if the | 
      
        |  | student is enrolled in a prekindergarten class under Section 29.153 | 
      
        |  | or Subchapter E-1, Chapter 29. | 
      
        |  | SECTION 6.  (a)  Section 29.167(b), Education Code, as added | 
      
        |  | by this Act, requiring a prekindergarten teacher to have been | 
      
        |  | awarded a Child Development Associate (CDA) credential, applies | 
      
        |  | beginning with the 2016-2017 school year. | 
      
        |  | (b)  Except as provided by Subsection (a) of this section, | 
      
        |  | this Act applies beginning with the 2015-2016 school year. | 
      
        |  | SECTION 7.  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, 2015. |