By: West S.B. No. 1123

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the office of early learning within the Texas Education Agency.

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

SECTION 1. Subchapter E, Chapter 29, Education Code, is amended by adding Sections 29.15301 and 29.15302 to read as follows:

Sec. 29.15301. OFFICE OF EARLY LEARNING. (a) The commissioner by rule shall establish the office of early learning as a division within the agency to:

(1) provide oversight of prekindergarten programs and prekindergarten funding;

(2) provide resources to school districts to ensure prekindergarten programs meet quality standards and best practices; and

(3) assist school districts in developing local solutions and improving prekindergarten programs.

(b) The office of early learning shall:

(1) monitor state funding of prekindergarten programs;

(2) adopt accountability standards for the use of public funds for prekindergarten programs;

(3) create a model contract for school districts to use in forming partnerships with child-care centers and federal Head Start programs to provide prekindergarten programs;

(4) determine the type of data needed from school districts to assess prekindergarten programs;

(5) publish approved, age-appropriate assessment instruments that may be administered to students in prekindergarten programs;

(6) create a communication and outreach plan to increase collaboration on prekindergarten programs throughout the state;

(7) develop resources for school districts operating prekindergarten programs to establish prekindergarten programs on a tuition basis; and

(8) conduct outreach to school districts to encourage the use of the resources developed under Subdivision (7) to establish tuition-based prekindergarten programs.

(c) The office of early learning shall ensure that an assessment instrument administered in a prekindergarten program:

(1) includes observation-based assessment;

(2) measures the effectiveness of the prekindergarten program; and

(3) is not used as a basis for teacher evaluation or student promotion or retention.

Sec. 29.15302. TEXAS EARLY LEARNING COUNCIL ADVISORY ROLE. (a) The governor's Texas Early Learning Council shall act in an advisory role to the office of early learning and provide assistance when requested by the office.

(b) The council shall hold public meetings to discuss requests received from the office of early learning under Subsection (a) at least four times each year. The council may address issues relating to the office of early learning during any other scheduled meeting of the council.

(c) The council shall establish a process for receiving public input related to the office of early learning.

SECTION 2. Section 29.1534, Education Code, is amended by amending Subsections (b), (c), and (e), and adding Subsection (f) to read as follows:

(b) The office of early learning [agency] shall develop joint strategies with other state agencies regarding methods to increase community awareness of prekindergarten programs through programs that provide information relating to public assistance programs.

(c) The office of early learning [agency] may develop outreach materials for use by school districts to increase community awareness of prekindergarten programs.

(e) The office of early learning [agency] shall provide information to school districts regarding effective methods to communicate to the parent of an eligible child the availability of prekindergarten programs, including information regarding prekindergarten programs through public, private, and nonprofit institutions that provide assistance and support to families with children eligible for prekindergarten programs.

(f) On an annual basis each school district shall submit to the office of early learning a report that details the district's plan for promoting and increasing community awareness of prekindergarten programs in the district.

SECTION 3. Section 29.154, Education Code, is amended to read as follows:

Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. (a) The commissioner of education, in consultation with the office of early learning [commissioner of human services], shall monitor and evaluate prekindergarten programs as to their developmental appropriateness. The commissioner and the office [commissioners] shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as child care administered under Chapter 44, Human Resources Code, and federal Head Start programs. That evaluation shall use recommendations formulated by the office of early learning under Subsection (b) [contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987]. For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioner and the office [commissioners] shall investigate the use of existing child-care program sites as prekindergarten sites. Following the evaluation required by this section, the commissioner and the office [commissioners], in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.

(b) The office of early learning shall formulate recommendations based on national best practices for increasing the quality of the state's prekindergarten programs.

SECTION 4. Sections 29.158(a) and (d), Education Code, are amended to read as follows:

(a) In a manner consistent with federal law and regulations, 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 coordinate with the office of early learning [agency], the Texas Workforce Commission, and local workforce development boards regarding subsidized child-care services.

(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 office of early learning [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 Texas Rising Star Program certification criteria;

(2) is accredited by a nationally recognized accrediting organization approved by the Texas Workforce Commission and the Department of Family and Protective 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 5. Subchapter E, Chapter 29, Education Code, is amended by adding Section 29.162 to read as follows:

Sec. 29.162. MEMORANDUM OF UNDERSTANDING ON PREKINDERGARTEN PROGRAM COORDINATION. (a) The office of early learning, the Texas Workforce Commission, the Texas Head Start State Collaboration Office, the Department of Assistive and Rehabilitative Services, the Health and Human Services Commission, and the Department of Family and Protective Services shall enter into a memorandum of understanding regarding the coordination of early childhood learning programs, including prekindergarten programs. The memorandum of understanding must:

(1) identify opportunities for and barriers to collaboration and coordination among federally funded and state-funded child development, child-care, and early childhood learning programs and services that are administered by the agencies that are party to the memorandum; and

(2) require the parties to the memorandum to implement steps to take advantage of the opportunities and eliminate the barriers identified under Subdivision (1) in an effort to establish a comprehensive, statewide system of early childhood care and education.

(b) Not later than August of each year, the office of early learning and the other agencies and organizations shall review and update the memorandum.

(c) The rulemaking body for each agency by rule shall adopt the memorandum of understanding and all revisions to the memorandum.

SECTION 6. Not later than January 1, 2016, the Texas Education Agency, the Texas Workforce Commission, the Texas Head Start State Collaboration Office, the Department of Assistive and Rehabilitative Services, the Health and Human Services Commission, and the Department of Family and Protective Services shall enter into the memorandum of understanding required under Section 29.162, Education Code, as added by this Act.

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.