88R594 CAE-D
 
  By: Zaffirini S.B. No. 38
 
 
 
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.  Sections 29.153(a-1), (b), (c), (d), and (f),
  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 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 homeless, 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:
                           (i) [(A)]  the conservatorship of the
  Department of Family and Protective Services following an adversary
  hearing held as provided by Section 262.201, Family Code; or
                           (ii) [(B)]  foster care in another state or
  territory, if the child resides in this state; 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.
         (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.
         (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].
         (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 29.1531(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 3.  Section 29.1532(c), Education Code, is amended
  to read as follows:
         (c)  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 and campus
  prekindergarten classes, including the number of students who are
  eligible for classes under Sections 29.153(b)(1) and (f) [Section
  29.153];
               (2)  the numbers of half-day and full-day
  prekindergarten classes offered by the district and campus;
               (3)  the number of half-day prekindergarten classes for
  which the district has received an exemption from full-day
  operation under Section 29.153(d);
               (4)  the sources of funding for the prekindergarten
  classes;
               (5)  the class size and ratio of instructional staff to
  students for each prekindergarten program class offered by the
  district and campus;
               (6)  if the district elects to administer an assessment
  instrument under Section 29.169 to students enrolled in district
  and campus prekindergarten program classes, a description and the
  results of each type of assessment instrument; and
               (7)  curricula used in the district's prekindergarten
  program classes.
         SECTION 4.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 5.  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.