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A BILL TO BE ENTITLED
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AN ACT
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relating to state funding for certain children to attend certain |
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private prekindergarten programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 29.1532(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A school district's prekindergarten program: |
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(1) shall be designed to develop skills necessary for |
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success in the regular public school curriculum, including |
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language, mathematics, and social skills; and |
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(2) must comply with the standards for certification |
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of effectiveness of the school readiness certification system |
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adopted under Section 29.161. |
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(b) If a school district contracts with a private entity for |
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the operation of the district's prekindergarten program, the |
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program must at a minimum comply with: |
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(1) the applicable child-care licensing standards |
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adopted by the Department of Family and Protective [and Regulatory] |
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Services under Section 42.042, Human Resources Code; and |
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(2) the standards for certification of effectiveness |
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of the school readiness certification system adopted under Section |
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29.161. |
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SECTION 2. 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. STATE FUNDING FOR ELIGIBLE CHILDREN TO ATTEND |
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QUALIFIED PRIVATE PREKINDERGARTEN. (a) In accordance with this |
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section and rules adopted under this section, a school district |
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required or authorized under Section 29.153(a-1) to offer |
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prekindergarten classes shall pay the costs of a child eligible |
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under Section 29.153(b) for enrollment in a district |
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prekindergarten program to attend a prekindergarten program |
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provided by a private entity with which the district has not |
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contracted to operate the district's prekindergarten program. |
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(b) The amount of money for an eligible child that a school |
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district shall pay under this section is: |
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(1) an amount equal to the average total funding |
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amount for each prekindergarten student in the district during the |
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preceding school year for maintenance and operations, including |
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state and local funding; or |
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(2) if the district did not operate a prekindergarten |
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program during the preceding school year, the statewide average |
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amount of funding to which a district would be entitled under the |
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Foundation School Program for an additional student in average |
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daily attendance on a half-day basis. |
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(c) An eligible child who attends a private prekindergarten |
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program under this section: |
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(1) is included in determining the average daily |
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attendance under Section 42.005 of the school 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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(d) A private entity may not charge an eligible child |
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attending a prekindergarten program under this section tuition or |
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required fees in addition to the amount paid by a school district |
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under Subsection (b). |
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(e) The commissioner by rule shall establish: |
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(1) standards with which the prekindergarten program |
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of a private entity must comply for the entity to be eligible to |
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receive payment under this section; |
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(2) a method for the application for and the delivery |
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of that payment; and |
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(3) the manner in which the parent of an eligible child |
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must apply for funding to permit the child to attend the |
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prekindergarten program. |
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(f) The standards established under Subsection (e)(1) must: |
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(1) provide a fair process for admission to the |
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prekindergarten program provided by the private entity that: |
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(A) may give preference to siblings of an |
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enrolled student or children residing in the same household as an |
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enrolled student; |
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(B) requires that the program not refuse to |
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enroll a child on the basis of the child's race, national origin, |
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ethnic background, religion, or disability; and |
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(C) establishes a policy to fill positions in |
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case a program has more applicants under this section than |
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available positions; and |
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(2) require that the program comply with: |
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(A) the standards for certification of |
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effectiveness of the school readiness certification system adopted |
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under Section 29.161; and |
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(B) any additional standards the commissioner |
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determines appropriate. |
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(g) The agency shall contract with the State Center for |
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Early Childhood Development for the center to provide technical |
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assistance to a private entity to assist the entity as necessary in |
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meeting the standards required by Subsection (f)(2). The center |
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shall charge the private entity an amount equal to the actual costs |
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of delivering the technical assistance. |
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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 3. (a) The changes in law made by this Act to |
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Section 29.1532, Education Code, apply to prekindergarten programs |
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offered beginning with the 2016-2017 school year. |
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(b) The commissioner of education shall adopt rules to |
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implement the provision of prekindergarten programs by private |
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entities as provided by Section 29.1535, Education Code, as added |
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by this Act, beginning with the 2016-2017 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, 2015. |