86R5598 CAE-D

By: Coleman H.B. No. 2081

A BILL TO BE ENTITLED

AN ACT

relating to the availability of free prekindergarten programs in public schools.

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

SECTION 1. Sections 29.153(a-1), (b), and (f), Education Code, are amended to read as follows:

(a-1) A district shall offer prekindergarten classes if the district identifies 15 or more children who are [eligible under Subsection (b) and are] at least four years of age. A school district may offer prekindergarten classes if the district identifies 15 or more [eligible] children who are eligible under Subsection (b)(1) [at least three years of age]. A district may not charge tuition for a prekindergarten class offered under this section.

(b) A child is eligible for enrollment in a prekindergarten class under this section if the child is:

(1) at least three years of age and:

(A) [(1)] is unable to speak and comprehend the English language;

(B) [(2)] is educationally disadvantaged;

(C) [(3)] is a homeless child, as defined by 42 U.S.C. Section 11434a, regardless of the residence of the child, of either parent of the child, or of the child's guardian or other person having lawful control of the child;

(D) [(4)] is the child of an active duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who is ordered to active duty by proper authority;

(E) [(5)] is the child of a member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who was injured or killed while serving on active duty;

(F) [(6)] is or ever has been in the conservatorship of the Department of Family and Protective Services following an adversary hearing held as provided by Section 262.201, Family Code; or

(G) [(7)] is the child of a person eligible for the Star of Texas Award as:

(i) [(A)] a peace officer under Section 3106.002, Government Code;

(ii) [(B)] a firefighter under Section 3106.003, Government Code; or

(iii) [(C)] an emergency medical first responder under Section 3106.004, Government Code; or

(2) at least four years of age.

(f) A child who is eligible for enrollment in a prekindergarten class under Subsection (b)(1)(D) or (E) [(b)(4) or (5)] remains eligible for enrollment if the child's parent leaves the armed forces, or is no longer on active duty, after the child begins a prekindergarten class.

SECTION 2. Section 29.1532(c), Education Code, is amended to read as follows:

(c) A school district that offers prekindergarten classes, including a high quality prekindergarten program class under Subchapter E-1, 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 and campus prekindergarten classes, including the number of students who are eligible for classes under Section 29.153(b)(1) or (f) [29.153];

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

(3) the sources of funding for the prekindergarten classes;

(4) the class size and ratio of instructional staff to students for each prekindergarten program class offered by the district and campus;

(5) if the district elects to administer an assessment instrument to students enrolled in district and campus prekindergarten program classes, a description and the results of each type of assessment instrument; and

(6) curricula used in the district's prekindergarten program classes.

SECTION 3. Section 29.166(c), Education Code, is amended to read as follows:

(c) A student qualifies for additional funding under Subsection (b) if the student[:

[(1) satisfies eligibility requirements under Section 29.153(b); and

[(2)] is four years of age on September 1 of the year the student begins the program.

SECTION 4. Section 29.153(d), Education Code, is repealed.

SECTION 5. This Act applies beginning with the 2023-2024 school year.

SECTION 6. This Act takes effect August 1, 2023.