By: West S.B. No. 1752

A BILL TO BE ENTITLED

AN ACT

relating to prekindergarten programs in public schools.

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

SECTION 1. Amend Subsection 29.153(c), Education Code, to read as follows:

(c) A prekindergarten class under this section shall be operated on a half-day basis or on a full-day basis as provided by section 29.1541. A district is not required to provide transportation for a prekindergarten class, but transportation, if provided, is included for funding purposes as part of the regular transportation system.

SECTION 2. Amend Section 29.1532, Education Code, as follows:

Sec 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A school district's prekindergarten program shall be designed to develop skills necessary for success in the regular public school curriculum, including language, mathematics, and social skills.

(b) The commissioner shall develop appropriate early childhood learning standards for all half-day and full-day prekindergarten programs. Districts and charter schools must select curricula that align with the commissioner's standards.

(b-1) Until the commissioner develops early childhood learning standards, pre-kindergarten programs shall use existing guidelines adopted by the commissioner for purposes of instructional materials. This subsection expires September 1, 2016.

(c)[(b)] If a school district contracts with a private entity for the operation of the district's prekindergarten program, the program must at a minimum comply with the applicable child-care licensing standards adopted by the Department of Protective and Regulatory Services under Section 42.042, Human Resources Code.

(d)[(c)] Each teacher or aide assigned to a prekindergarten class shall complete 30 hours of early childhood-specific education every five years.

(e) A school district that offers prekindergarten classes shall include the following information in the district's Public Education Information Management System (PEIMS) report:

(1) demographic information, as determined by the commissioner, on students enrolled in district prekindergarten classes, including the number of students who are eligible for classes under Section 29.153;

(2) the numbers of half-day and full-day prekindergarten classes offered by the district; [and]

(3) the number of students enrolled in each half-day and full-day prekindergarten class offered by the district;

(4) the number of teachers and aides assigned to each half-day and full-day prekindergarten class;

(5) the number of hours per week and hours per year for each half-day and full-day program offered by the district; and

(6) [(3)] the sources of funding for the prekindergarten classes.

(f) The commissioner may make rules to implement this section.

SECTION 3. Add new Section 29.1541, Education Code, to read as follows:

Section 29.1541 Full-day Prekindergarten Programs (a) A school district or charter school may receive funding for a full-day prekindergarten program for four year old students eligible under Section 29.153 as provided by this section.

(b) A teacher at a prekindergarten program funded as a full-day program under this section must meet the requirements developed by the State Board for Educator Certification under Section 21.1530.

(c) A full-day prekindergarten program funded under this section must maintain a ratio of no more than ten students to a teacher or aide and must assign at least one teacher to each classroom.

(d) A district or charter operating a full-day prekindergarten program funded under this section must implement a local system approved by the commissioner to monitor the progress of prekindergarten students through the school year and evaluate program effectiveness. The commissioner shall provide multiple options to comply with this subsection.

(e) A district or charter operating a full-day prekindergarten program funded under this section must adopt an instrument approved by the commissioner to evaluate the readiness of all students entering kindergarten and report information required by the commissioner through the Public Education Information Management System.

(f) Nothing in this section shall be construed to require a district or charter to operate a full-day prekindergarten program, or to require compliance with this section in programs funded on a half-time basis or full-time programs for ineligible students funded with tuition under section 29.1531.

(g) A school district or charter may contract with a private entity to provide a program under this section. A contract for services may include the district or charter providing facilities, teachers and aides or other services to a private provider. A contract for services must ensure that all requirements of this section for a full-day prekindergarten program are met by the district or charter or the contracting private provider.

(h) The commissioner may make rules to implement this section.

(i) The commissioner shall evaluate the effectiveness of programs operated under this section and report to the legislature no later than December 1, 2018. This subsection expires January 1, 2019.

(j) A district or charter must apply to the commissioner for permission to receive funding for a full-day program operated during the 2016-2017 school year. The commissioner may not approve applications in an amount that exceeds a total additional state cost set by appropriation. The commissioner shall adopt application deadlines and prioritize districts with the greatest percentage of students who meet the eligibility criteria in section 29.153 if applications for funding exceed the amount set by appropriation. A decision by the commissioner under this subsection is final and may not be appealed. This subsection expires September 1, 2017.

SECTION 4. Add new Section 21.1530, Education Code, to read as follows:

Section 21.1530 Prekindergarten requirements. (a) The board shall determine appropriate education and professional development requirements for teachers and aides in full-day prekindergarten programs under Section 29.1541.

(b) The board may fulfill the requirements of this section for teachers by:

(1) developing an early childhood education certificate applicable to prekindergarten and kindergarten, which may also apply to grades one through three; or

(2) developing an endorsement for existing certificates that is based on appropriate education requirements to enable a teacher to succeed in early childhood education; or

(3) adopting appropriate education or training requirements for early childhood teachers, which may include a Child Development Associate Certificate.

(c) The board may fulfill the requirements of this section for aides by adopting appropriate education or training requirements for early childhood staff, which may include a Child Development Associate Certificate.

(d) This section only applies to a teacher or aide providing instruction to students in a full-day prekindergarten program that receives funding under Section 29.1530.

SECTION 5. Amend Section 25.001(a), Education Code, to read as follows:

Sec. 25.001. ADMISSION. (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 29.1541 is entitled to the benefits of the available school fund.

SECTION 6. Amend Section 42.003(b), Education Code, to read as follows:

Sec 42.003(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 29.1541.

SECTION 7. Implementation. (a) Except as provided in this section, this act takes effect September 1, 2015.

(b) The requirement that teachers and aids assigned to prekindergarten programs complete 30 hours of early childhood-specific professional education in Section 29.1532(d) as added by this act applies:

(1) to programs funded under Section 29.0541 beginning with the 2017-2018 school year; and

(2) to all other prekindergarten programs beginning with the 2019-2020 school year.

(c) The State Board for Educator Certification shall adopt standards under Section 21.1530 as soon as practicable. Standards for prekindergarten staff under Section 21.1530 apply beginning with the 2018-19 school year.

(d) Students enrolled in full-day pre-kindergarten programs under Section 29.1541, Education Code, as added by this Act, shall be included in funding for the Foundation School Program beginning with the 2017-18 school year.

SECTION 8. 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 votes necessary for immediate effect, this Act takes effect September 1, 2015.