Bill Text: TX HB2255 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to student eligibility for free high quality prekindergarten programs and state financial support for each school district that elects to provide a full-day prekindergarten program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB2255 Detail]
Download: Texas-2017-HB2255-Introduced.html
85R11700 KKA-D | ||
By: King of Hemphill | H.B. No. 2255 |
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relating to student eligibility for free high quality | ||
prekindergarten programs and state financial support for each | ||
school district that elects to provide a full-day prekindergarten | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.104(b), Education Code, is amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
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(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; and | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148. | ||
SECTION 2. Section 25.001(a), Education Code, is amended to | ||
read as follows: | ||
(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 [ |
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to the benefits of the available school fund. | ||
SECTION 3. The heading to Section 29.153, Education Code, | ||
is amended to read as follows: | ||
Sec. 29.153. FREE PREKINDERGARTEN [ |
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SECTION 4. Sections 29.153(a-1), (c), and (e), Education | ||
Code, are amended to read as follows: | ||
(a-1) A district shall offer prekindergarten classes to any | ||
child [ |
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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 [ |
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be operated on a half-day basis or a full-day basis at the option of | ||
the board of trustees of the school district. A district that | ||
operates a class on a full-day basis may, in determining the | ||
district's average daily attendance under Section 42.005, include | ||
full days of attendance for each prekindergarten student who | ||
attends a full-day prekindergarten class. 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. | ||
(e) Each school district that is not exempt under Subsection | ||
(d) shall develop a system to notify the population in the district | ||
with children of prekindergarten age [ |
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availability of prekindergarten classes [ |
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must include public notices issued in English and Spanish. | ||
SECTION 5. 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[ |
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to children who are younger than three years of age [ |
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SECTION 6. Section 29.1532, Education Code, is amended to | ||
read 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, | ||
through instruction provided by highly qualified teachers using a | ||
high quality curriculum. | ||
(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 Family and | ||
Protective [ |
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Resources Code. The private entity must also: | ||
(1) be accredited by a research-based, nationally | ||
recognized, and universally accessible accreditation system | ||
approved by the commissioner; | ||
(2) be a Texas Rising Star Program provider with a | ||
three-star certification or higher; | ||
(3) be a Texas School Ready! participant; | ||
(4) have an existing partnership with a school | ||
district to provide a prekindergarten program; or | ||
(5) be accredited by an organization that is | ||
recognized by the Texas Private School Accreditation Commission. | ||
(c) A school district that offers prekindergarten classes[ |
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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 | ||
at least three years of age [ |
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(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. | ||
(d) Information required under this section to be included | ||
in a school district's Public Education Information Management | ||
System (PEIMS) report may not be used for purposes of determining a | ||
district's accreditation or a campus or district performance rating | ||
under Subchapter C, Chapter 39. | ||
(e) A school district shall select and implement a | ||
curriculum to be used for the district's prekindergarten classes | ||
that: | ||
(1) includes the prekindergarten guidelines | ||
established by the agency; | ||
(2) measures the progress of students in meeting the | ||
recommended learning outcomes; and | ||
(3) does not use national curriculum standards | ||
developed by the Common Core State Standards Initiative. | ||
(f) Each teacher for a school district prekindergarten | ||
class must: | ||
(1) be certified under Subchapter B, Chapter 21; and | ||
(2) have one of the following additional | ||
qualifications: | ||
(A) a Child Development Associate (CDA) | ||
credential or another early childhood education credential | ||
approved by the agency; | ||
(B) certification offered through a training | ||
center accredited by Association Montessori Internationale or | ||
through the Montessori Accreditation Council for Teacher | ||
Education; | ||
(C) at least eight years' experience of teaching | ||
in a nationally accredited child care program; | ||
(D) be employed as a prekindergarten teacher in a | ||
school district that has received approval from the commissioner | ||
for the district's prekindergarten-specific instructional training | ||
plan that the teacher uses in the teacher's prekindergarten | ||
classroom; or | ||
(E) an equivalent qualification. | ||
(g) A school district may allow a teacher employed by the | ||
district to receive the training required to be awarded a Child | ||
Development Associate (CDA) credential from a regional education | ||
service center that offers the training in accordance with Section | ||
8.058. Training may not include national curriculum standards | ||
developed by the Common Core State Standards Initiative. | ||
(h) A school district must attempt to maintain an average | ||
ratio in any prekindergarten class of not less than one certified | ||
teacher or teacher's aide for each 11 students. | ||
(i) A school district shall: | ||
(1) select and implement appropriate methods for | ||
evaluating the district's prekindergarten classes by measuring | ||
student progress; and | ||
(2) make data from the results of evaluations | ||
available to parents. | ||
(j) A school district may administer diagnostic assessments | ||
to students in a prekindergarten class to evaluate student progress | ||
as required by Subsection (i) but may not administer a state | ||
standardized assessment instrument. | ||
(k) An assessment instrument administered to a | ||
prekindergarten class must be selected from a list of appropriate | ||
prekindergarten assessment instruments identified by the | ||
commissioner. | ||
SECTION 7. Section 29.1561(b), Education Code, is amended | ||
to read as follows: | ||
(b) Notwithstanding any restriction imposed by this title, | ||
the commissioner may administer grants for early childhood care and | ||
education programs under Section [ |
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Start and Early Head Start programs, in a manner that provides the | ||
greatest flexibility allowed under federal law. | ||
SECTION 8. Section 29.160(c), Education Code, is amended to | ||
read as follows: | ||
(c) A school district, regional education service center, | ||
institution of higher education, local government, local workforce | ||
development board, or community organization may develop one or | ||
more coordination-of-resources demonstration projects under which | ||
government-funded child-care and early education services, | ||
including Head Start and Early Head Start, prekindergarten, and | ||
after-school child-care program services, child-care services | ||
provided by nonprofit or for-profit entities, and faith-based | ||
child-care programs, are operated in a coordinated and integrated | ||
manner. An entity that develops a proposed demonstration project | ||
under this subsection must obtain approval of the project from the | ||
state agency or agencies with regulatory jurisdiction over the | ||
subject matter involved in the project. Approval of a project under | ||
this subsection must be made contingent on development of a | ||
memorandum of understanding regarding the child-care and early | ||
education coordination and integration that is: | ||
(1) entered into by each entity participating in the | ||
project; and | ||
(2) [ |
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this section and applicable laws and regulations in a manner that at | ||
a minimum maintains existing child-care and early education program | ||
requirements and does not waive any existing health and safety | ||
standards. | ||
SECTION 9. Section 42.003(b), Education Code, is amended to | ||
read as follows: | ||
(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 | ||
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SECTION 10. Section 481.078, Government Code, is amended by | ||
adding Subsection (d-4) to read as follows: | ||
(d-4) The fund may be used to finance amounts to which | ||
school districts are entitled under the Foundation School Program | ||
on the basis of the number of students in average daily attendance | ||
in prekindergarten programs under Subchapter E, Chapter 29, | ||
Education Code. The governor may transfer appropriations from the | ||
fund to the Texas Education Agency for that purpose. Amounts | ||
transferred under this subsection are not considered to be grant | ||
funds, and the amounts transferred are not subject to any provision | ||
of this section or other law that applies to grants awarded by the | ||
governor under this section. | ||
SECTION 11. Section 481.079, Government Code, is amended by | ||
adding Subsection (a-3) to read as follows: | ||
(a-3) The report must include a statement regarding any | ||
amounts transferred to finance prekindergarten payments in | ||
accordance with Section 481.078(d-4). | ||
SECTION 12. Sections 2308.3171(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) In this section, "quality child-care indicator" means | ||
any appropriate indicator of quality services, including whether | ||
the provider of the services: | ||
(1) meets Texas Rising Star Program certification | ||
criteria; | ||
(2) is accredited by a nationally recognized | ||
accrediting organization approved by the commission; | ||
(3) is certified under the school readiness | ||
certification system established under Section 29.161, Education | ||
Code; or | ||
(4) [ |
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relevant to improving the quality of child care in this state and | ||
that has been approved by the commission. | ||
(c) Each board shall post in a prominent place on the | ||
board's Internet website home page and at any physical location | ||
where the board provides services: | ||
(1) a list of local designated vendors that are | ||
child-care providers and have a quality child-care indicator listed | ||
in Subsection (a)(1), (2), or (3)[ |
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(2) a list of local parenting classes. | ||
SECTION 13. The following provisions of the Education Code | ||
are repealed: | ||
(1) Sections 29.153(a), (b), and (f); | ||
(2) Section 29.155; and | ||
(3) Subchapter E-1, Chapter 29. | ||
SECTION 14. Notwithstanding any other provision of law, | ||
during the state fiscal biennium beginning September 1, 2017, the | ||
governor may transfer to the Texas Education Agency any amounts | ||
appropriated for that biennium to a trusteed program within the | ||
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 | ||
entitled under the Foundation School Program on the basis of the | ||
number of students in average daily attendance in prekindergarten | ||
programs under Subchapter E, Chapter 29, Education Code. | ||
SECTION 15. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 16. 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, 2017. |