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A BILL TO BE ENTITLED
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AN ACT
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relating to student eligibility for free high quality |
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prekindergarten programs and state financial support for each |
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school district that elects to provide a full-day prekindergarten |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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[or E-1], Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; and |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148. |
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SECTION 2. Section 25.001(a), Education Code, is amended to |
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read as follows: |
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(a) A person who, on the first day of September of any school |
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year, is at least five years of age and under 21 years of age, or is |
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at least 21 years of age and under 26 years of age and is admitted by |
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a school district to complete the requirements for a high school |
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diploma is entitled to the benefits of the available school fund for |
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that year. Any other person enrolled in a prekindergarten class |
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under Section 29.153 [or Subchapter E-1, Chapter 29,] is entitled |
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to the benefits of the available school fund. |
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SECTION 3. The heading to Section 29.153, Education Code, |
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is amended to read as follows: |
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Sec. 29.153. FREE PREKINDERGARTEN [FOR CERTAIN CHILDREN]. |
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SECTION 4. Sections 29.153(a-1), (c), and (e), Education |
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Code, are amended to read as follows: |
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(a-1) A district shall offer prekindergarten classes to any |
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child [if the district identifies 15 or more children who are
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eligible under Subsection (b) and are at least four years of age.
A
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school district may offer prekindergarten classes if the district
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identifies 15 or more eligible children] who is [are] at least three |
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years of age. A district may not charge tuition for a |
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prekindergarten class offered under this section. |
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(c) A prekindergarten class under this section may [shall] |
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be operated on a half-day basis or a full-day basis at the option of |
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the board of trustees of the school district. A district that |
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operates a class on a full-day basis may, in determining the |
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district's average daily attendance under Section 42.005, include |
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full days of attendance for each prekindergarten student who |
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attends a full-day prekindergarten class. A district is not |
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required to provide transportation for a prekindergarten class, but |
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transportation, if provided, is included for funding purposes as |
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part of the regular transportation system. |
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(e) Each school district that is not exempt under Subsection |
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(d) shall develop a system to notify the population in the district |
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with children of prekindergarten age [who are eligible for
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enrollment in a prekindergarten class under this section] of the |
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availability of prekindergarten classes [the class]. The system |
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must include public notices issued in English and Spanish. |
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SECTION 5. Section 29.1531(a), Education Code, is amended |
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to read as follows: |
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(a) A school district may offer on a tuition basis or use |
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district funds to provide[:
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[(1)
an additional half-day of prekindergarten
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classes to children eligible for classes under Section 29.153; and
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[(2)] half-day and full-day prekindergarten classes |
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to children who are younger than three years of age [not eligible
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for classes under Section 29.153]. |
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SECTION 6. Section 29.1532, Education Code, is amended to |
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read as follows: |
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Sec. 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A |
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school district's prekindergarten program shall be designed to |
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develop skills necessary for success in the regular public school |
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curriculum, including language, mathematics, and social skills, |
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through instruction provided by highly qualified teachers using a |
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high quality curriculum. |
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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 the applicable child-care |
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licensing standards adopted by the Department of Family and |
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Protective [and Regulatory] Services under Section 42.042, Human |
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Resources Code. The private entity must also: |
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(1) be accredited by a research-based, nationally |
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recognized, and universally accessible accreditation system |
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approved by the commissioner; |
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(2) be a Texas Rising Star Program provider with a |
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three-star certification or higher; |
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(3) be a Texas School Ready! participant; |
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(4) have an existing partnership with a school |
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district to provide a prekindergarten program; or |
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(5) be accredited by an organization that is |
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recognized by the Texas Private School Accreditation Commission. |
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(c) A school district that offers prekindergarten classes[,
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including a high quality prekindergarten program class under
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Subchapter E-1,] shall include the following information in the |
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district's Public Education Information Management System (PEIMS) |
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report: |
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(1) demographic information, as determined by the |
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commissioner, on students enrolled in district and campus |
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prekindergarten classes, including the number of students who are |
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at least three years of age [eligible for classes under Section
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29.153]; |
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(2) the numbers of half-day and full-day |
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prekindergarten classes offered by the district and campus; |
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(3) the sources of funding for the prekindergarten |
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classes; |
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(4) the class size and ratio of instructional staff to |
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students for each prekindergarten program class offered by the |
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district and campus; |
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(5) if the district elects to administer an assessment |
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instrument to students enrolled in district and campus |
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prekindergarten program classes, a description and the results of |
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each type of assessment instrument; and |
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(6) curricula used in the district's prekindergarten |
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program classes. |
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(d) Information required under this section to be included |
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in a school district's Public Education Information Management |
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System (PEIMS) report may not be used for purposes of determining a |
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district's accreditation or a campus or district performance rating |
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under Subchapter C, Chapter 39. |
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(e) A school district shall select and implement a |
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curriculum to be used for the district's prekindergarten classes |
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that: |
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(1) includes the prekindergarten guidelines |
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established by the agency; |
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(2) measures the progress of students in meeting the |
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recommended learning outcomes; and |
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(3) does not use national curriculum standards |
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developed by the Common Core State Standards Initiative. |
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(f) Each teacher for a school district prekindergarten |
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class must: |
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(1) be certified under Subchapter B, Chapter 21; and |
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(2) have one of the following additional |
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qualifications: |
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(A) a Child Development Associate (CDA) |
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credential or another early childhood education credential |
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approved by the agency; |
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(B) certification offered through a training |
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center accredited by Association Montessori Internationale or |
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through the Montessori Accreditation Council for Teacher |
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Education; |
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(C) at least eight years' experience of teaching |
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in a nationally accredited child care program; |
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(D) be employed as a prekindergarten teacher in a |
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school district that has received approval from the commissioner |
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for the district's prekindergarten-specific instructional training |
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plan that the teacher uses in the teacher's prekindergarten |
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classroom; or |
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(E) an equivalent qualification. |
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(g) A school district may allow a teacher employed by the |
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district to receive the training required to be awarded a Child |
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Development Associate (CDA) credential from a regional education |
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service center that offers the training in accordance with Section |
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8.058. Training may not include national curriculum standards |
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developed by the Common Core State Standards Initiative. |
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(h) A school district must attempt to maintain an average |
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ratio in any prekindergarten class of not less than one certified |
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teacher or teacher's aide for each 11 students. |
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(i) A school district shall: |
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(1) select and implement appropriate methods for |
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evaluating the district's prekindergarten classes by measuring |
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student progress; and |
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(2) make data from the results of evaluations |
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available to parents. |
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(j) A school district may administer diagnostic assessments |
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to students in a prekindergarten class to evaluate student progress |
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as required by Subsection (i) but may not administer a state |
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standardized assessment instrument. |
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(k) An assessment instrument administered to a |
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prekindergarten class must be selected from a list of appropriate |
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prekindergarten assessment instruments identified by the |
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commissioner. |
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SECTION 7. Section 29.1561(b), Education Code, is amended |
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to read as follows: |
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(b) Notwithstanding any restriction imposed by this title, |
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the commissioner may administer grants for early childhood care and |
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education programs under Section [29.155 or] 29.156, including Head |
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Start and Early Head Start programs, in a manner that provides the |
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greatest flexibility allowed under federal law. |
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SECTION 8. Section 29.160(c), Education Code, is amended to |
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read as follows: |
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(c) A school district, regional education service center, |
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institution of higher education, local government, local workforce |
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development board, or community organization may develop one or |
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more coordination-of-resources demonstration projects under which |
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government-funded child-care and early education services, |
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including Head Start and Early Head Start, prekindergarten, and |
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after-school child-care program services, child-care services |
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provided by nonprofit or for-profit entities, and faith-based |
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child-care programs, are operated in a coordinated and integrated |
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manner. An entity that develops a proposed demonstration project |
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under this subsection must obtain approval of the project from the |
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state agency or agencies with regulatory jurisdiction over the |
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subject matter involved in the project. Approval of a project under |
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this subsection must be made contingent on development of a |
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memorandum of understanding regarding the child-care and early |
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education coordination and integration that is: |
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(1) entered into by each entity participating in the |
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project; and |
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(2) [certified by the State Center for Early Childhood
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Development as meeting any standards developed under Section
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29.155(g); and
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[(3)] consistent with the applicable provisions of |
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this section and applicable laws and regulations in a manner that at |
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a minimum maintains existing child-care and early education program |
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requirements and does not waive any existing health and safety |
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standards. |
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SECTION 9. Section 42.003(b), Education Code, is amended to |
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read as follows: |
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(b) A student to whom Subsection (a) does not apply is |
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entitled to the benefits of the Foundation School Program if the |
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student is enrolled in a prekindergarten class under Section 29.153 |
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[or Subchapter E-1, Chapter 29]. |
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SECTION 10. Section 481.078, Government Code, is amended by |
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adding Subsection (d-4) to read as follows: |
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(d-4) The fund may be used to finance amounts to which |
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school districts are entitled under the Foundation School Program |
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on the basis of the number of students in average daily attendance |
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in prekindergarten programs under Subchapter E, Chapter 29, |
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Education Code. The governor may transfer appropriations from the |
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fund to the Texas Education Agency for that purpose. Amounts |
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transferred under this subsection are not considered to be grant |
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funds, and the amounts transferred are not subject to any provision |
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of this section or other law that applies to grants awarded by the |
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governor under this section. |
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SECTION 11. Section 481.079, Government Code, is amended by |
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adding Subsection (a-3) to read as follows: |
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(a-3) The report must include a statement regarding any |
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amounts transferred to finance prekindergarten payments in |
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accordance with Section 481.078(d-4). |
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SECTION 12. Sections 2308.3171(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) In this section, "quality child-care indicator" means |
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any appropriate indicator of quality services, including whether |
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the provider of the services: |
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(1) meets Texas Rising Star Program certification |
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criteria; |
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(2) is accredited by a nationally recognized |
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accrediting organization approved by the commission; |
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(3) is certified under the school readiness |
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certification system established under Section 29.161, Education |
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Code; or |
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(4) [meets standards developed under Section
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29.155(g), Education Code; or
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[(5)] has achieved any other measurable target that is |
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relevant to improving the quality of child care in this state and |
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that has been approved by the commission. |
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(c) Each board shall post in a prominent place on the |
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board's Internet website home page and at any physical location |
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where the board provides services: |
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(1) a list of local designated vendors that are |
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child-care providers and have a quality child-care indicator listed |
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in Subsection (a)(1), (2), or (3)[, or (4)]; and |
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(2) a list of local parenting classes. |
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SECTION 13. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 29.153(a), (b), and (f); |
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(2) Section 29.155; and |
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(3) Subchapter E-1, Chapter 29. |
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SECTION 14. Notwithstanding any other provision of law, |
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during the state fiscal biennium beginning September 1, 2017, the |
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governor may transfer to the Texas Education Agency any amounts |
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appropriated for that biennium to a trusteed program within the |
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office of the governor. Any amounts transferred by the governor in |
|
accordance with this authority may be used by the Texas Education |
|
Agency only to finance amounts to which school districts are |
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entitled under the Foundation School Program on the basis of the |
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number of students in average daily attendance in prekindergarten |
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programs under Subchapter E, Chapter 29, Education Code. |
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SECTION 15. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 16. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |