88R3113 BDP-D
 
  By: Bhojani H.B. No. 4323
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing free full-day prekindergarten for certain
  children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.02124(a), Education Code, is amended
  to read as follows:
         (a)  Subject to Subsection (c), a parent or guardian may
  elect for a student to:
               (1)  repeat prekindergarten;
               (2)  enroll in prekindergarten, if the student would
  have been eligible to enroll in prekindergarten during the previous
  school year under Section 29.153 [29.153(b)] and the student has
  not yet enrolled in kindergarten;
               (3)  repeat kindergarten;
               (4)  enroll in kindergarten, if the student would have
  been eligible to enroll in kindergarten in the previous school year
  and has not yet enrolled in first grade; or
               (5)  for grades one through three, repeat the grade in
  which the student was enrolled during the previous school year.
         SECTION 2.  Sections 29.153(a-1), (c), (c-1), and (d),
  Education Code, are amended to read as follows:
         (a-1)  A district shall offer prekindergarten classes to any
  child [if the district identifies 15 or more children] who is [are
  eligible under Subsection (b) and are] at least three [four] years
  of age. [A school district may offer prekindergarten classes if the
  district identifies 15 or more eligible children who are at least
  three years of age.] A district may not charge tuition for a
  prekindergarten class offered under this section.
         (c)  A prekindergarten class under this section [may be
  operated on a half-day basis for children under four years of age
  and] shall be operated on a full-day basis [for children who are at
  least four years of age]. 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.
         (c-1)  A prekindergarten class under this section [for
  children who are least four years of age] must comply with the
  program standards required for high quality prekindergarten
  programs under Subchapter E-1.
         (d)  Subject to Subsections (d-1) and (d-2), on application
  of a district, the commissioner shall exempt a district from the
  application of all or any part of this section, including all or any
  part of Subchapter E-1 for a prekindergarten class described by
  Subsection (c-1), if the commissioner determines that[:
               [(1)] the district would be required to construct
  classroom facilities in order to provide prekindergarten classes[;
  or
               [(2) implementing any part of this section would result
  in fewer eligible children being enrolled in a prekindergarten
  class under this section].
         SECTION 3.  Section 29.1531(a), Education Code, is amended
  to read as follows:
         (a)  A school district may offer on a tuition basis or use
  district funds to provide[:
               [(1)  an additional half-day of prekindergarten
  classes to children who are eligible for classes under Section
  29.153 and are under four years of age; and
               [(2)]  half-day and full-day prekindergarten classes
  to children not eligible for classes under Section 29.153.
         SECTION 4.  Section 48.005(a), Education Code, is amended to
  read as follows:
         (a)  In this chapter, average daily attendance is:
               (1)  the quotient of the sum of attendance for each day
  of the minimum number of days of instruction as described under
  Section 25.081(a) divided by the minimum number of days of
  instruction;
               (2)  for a district that operates under a flexible year
  program under Section 29.0821, the quotient of the sum of
  attendance for each actual day of instruction as permitted by
  Section 29.0821(b)(1) divided by the number of actual days of
  instruction as permitted by Section 29.0821(b)(1);
               (3)  for a district that operates under a flexible
  school day program under Section 29.0822, the average daily
  attendance as calculated by the commissioner in accordance with
  Sections 29.0822(d) and (d-1); or
               (4)  for a district that operates [a half-day program
  or] a full-day program under Section 29.153(c), one-half of the
  average daily attendance calculated under Subdivision (1).
         SECTION 5.  Sections 29.153(b), (e-1), and (f), Education
  Code, are repealed.
         SECTION 6.  This Act applies beginning with the 2023-2024
  school year.
         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, 2023.