Bill Text: TX HB376 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the regulation of child-care providers by the Texas Workforce Commission and local workforce development boards.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB376 Detail]

Download: Texas-2013-HB376-Enrolled.html

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H.B. No. 376

AN ACT
relating to the regulation of child-care providers by the Texas
Workforce Commission and local workforce development boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.158(d), Education Code, is amended to
read as follows:
(d) In coordinating child-care services under this section
and in making any related decision to contract with another
provider for child-care services, the agency, Texas Workforce
Commission, local workforce development boards, and each
prekindergarten program provider, Head Start and Early Head Start
program provider, and provider of an after-school child-care
program provided at a school shall consider the quality of the
services involved in the proposed coordination or contracting
decision and shall give preference to services of the highest
quality. Any appropriate indicator of quality services may be
considered under this subsection, including whether the provider of
the services:
(1) meets [the] Texas Rising Star Program
certification [Provider] criteria [described by 40 T.A.C. Section
809.15(b)];
(2) is accredited by a nationally recognized
accrediting organization approved by the Texas Workforce
Commission and the Department of Family and Protective [and
Regulatory] Services;
(3) meets standards developed by the State Center for
Early Childhood Development; or
(4) has achieved any other measurable target relevant
to improving the quality of child care in this state.
SECTION 2. Section 2155.202, Government Code, is amended to
read as follows:
Sec. 2155.202. MENTAL HEALTH AND MENTAL RETARDATION
COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE
PROVIDERS. The following entities may purchase goods and services
through the comptroller:
(1) a community center for mental health and mental
retardation services that receives state grants-in-aid under
Subchapter B, Chapter 534, Health and Safety Code;
(2) an assistance organization as defined by Section
2175.001 that receives state funds; and
(3) a child-care provider that meets [the] Texas
Rising Star Program certification [Provider] criteria [described
by Texas Workforce Commission rules].
SECTION 3. Section 2308.315, Government Code, is amended to
read as follows:
Sec. 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. (a)
Each board shall establish graduated reimbursement rates for child
care based on the commission's Texas Rising Star Program [Texas
Workforce Commission's designated vendor program].
(b) The minimum reimbursement rate for a Texas Rising Star
Program provider [designated vendors] must be [at least five
percent] greater than the maximum rate established for a provider
who is not a Texas Rising Star Program provider [nondesignated
vendors] for the same category of care. The reimbursement rate must
be:
(1) at least five percent higher for a provider with a
two-star rating;
(2) at least seven percent higher for a provider with a
three-star rating; and
(3) at least nine percent higher for a provider with a
four-star rating.
(c) The Texas Rising Star Program [designated vendor] rate
differential established in this section shall be funded with
federal child care development funds [dedicated to quality
improvement activities].
(d) Notwithstanding Subsection (b), a board may not
reimburse a provider under the reimbursement rates provided by
Subsection (b) before the date any revisions to rules recommended
by the Texas Rising Star Program review work group under Section
2308.321 are adopted by the commission.
SECTION 4. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.3155 to read as follows:
Sec. 2308.3155. TEXAS RISING STAR PROGRAM. (a) The Texas
Rising Star Program is a voluntary, quality-based child care rating
system of child care providers participating in the commission's
subsidized child care program.
(b) The commission shall adopt rules to administer the Texas
Rising Star Program, including guidelines for rating a child-care
provider who provides child care to a child younger than 13 years of
age, including infants and toddlers, enrolled in the subsidized
program.
(c) The commission shall make money available to each board
to hire necessary employees to provide technical assistance under
Section 2308.320 from the child care and development block grant.
In addition, a board may use money available from other public or
private sources to hire necessary employees for the program.
SECTION 5. Section 2308.316, Government Code, is amended to
read as follows:
Sec. 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS
FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall
allocate a portion of the board's federal child care development
funds dedicated to quality improvement activities to a competitive
procurement process for a system for quality child care for
children under four years of age that encourages child care
providers to voluntarily meet the certification criteria of the
commission's Texas Rising Star Program [Texas Workforce
Commission's designated vendor program or national accreditation].
In allocating funds under this section, special consideration shall
be given to funding child care for children under four years of age
in low-income communities. This section may not be interpreted to
limit parental choice.
SECTION 6. Section 2308.317, Government Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) Notwithstanding any other law, the commission [Texas
Workforce Commission] shall ensure that, to the extent federal
child care development funds dedicated to quality improvement
activities are used to improve quality and availability of child
care, those funds are used [only] for:
(1) quality child care programs, including programs:
(A) whose director receives mentoring; or
(B) that are in the process of obtaining a Texas
Rising Star Program rating;
(2) technical assistance for providers as described by
Section 2308.320;
(3) professional development for child care
providers, directors, and employees;
(4) educational materials for children served by child
care providers; and
(5) educational information for parents important for
the development of a child under five years of age.
(c) Each board shall use at least two percent of the board's
yearly allocation from the commission for quality child care
initiatives. In addition, a board may use money available from
other public or private sources for quality child care initiatives.
A board shall give priority to quality child care initiatives that
benefit child care facilities that are working toward Texas Rising
Star certification or are Texas Rising Star certified providers
working toward a higher certification level.
(d) Each board shall annually report to the commission
regarding the board's use of the two percent allocation described
by Subsection (c).
SECTION 7. Section 2308.3171, Government Code, is amended
to read as follows:
Sec. 2308.3171. INFORMATION ON QUALITY CHILD CARE. (a) In
this section, "quality child-care indicator" means any appropriate
indicator of quality services, including whether the provider of
the services:
(1) meets [the] Texas Rising Star Program
certification [Provider] criteria [described by commission rules];
(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;
(4) meets standards developed under Section
29.155(g), Education Code; or
(5) has achieved any other measurable target that is
relevant to improving the quality of child care in this state and
that has been approved by the commission.
(b) Each board shall provide information on quality
child-care indicators to [for] each licensed or registered
child-care provider in the area. Each board shall determine the
manner in which to provide this information.
(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), (3), or (4); and
(2) a list of local parenting classes [determine the
manner in which to provide the information required by this
section].
(d) A child-care provider who receives funding or
reimbursement for child-care services from a board shall post a
certification or accreditation described by Subsection (a) at the
entrance of the provider's facility.
SECTION 8. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.320 to read as follows:
Sec. 2308.320. TECHNICAL ASSISTANCE FOR PROVIDERS. Each
board shall provide technical assistance to Texas Rising Star
Program providers and to providers seeking certification under the
Texas Rising Star Program, including providing:
(1) a child development specialist to serve as an
evaluator of the provider during the certification process;
(2) a mentor or coach to a Texas Rising Star Program
provider to meet regularly with the provider and provide child care
resources to the provider, including developmentally appropriate
books, materials, and equipment;
(3) consumer information regarding the selection of
quality child care for parents of children enrolled in the program;
and
(4) parenting education information for parents of
children enrolled in the program, including information about
parenting classes that are available in the area or on the Internet.
SECTION 9. Subchapter G, Chapter 2308, Government Code, is
amended by adding Section 2308.321 to read as follows:
Sec. 2308.321. TEXAS RISING STAR PROGRAM REVIEW WORK GROUP.
(a) The Texas Rising Star Program review work group is established
to propose revisions to the commission's rules on the Texas Rising
Star Program.
(b) The work group consists of the following members
appointed by the executive director of the commission:
(1) at least one member from the commission;
(2) at least one member from the Department of Family
and Protective Services;
(3) at least one member from the Texas Education
Agency;
(4) at least one member from the governor's Texas Early
Learning Council who participated on the Quality Rating and
Improvement System subcommittee;
(5) at least one member who is appointed to a workforce
development board;
(6) at least four members who are Texas Rising Star
Program providers with different Texas Rising Star Program ratings:
(A) at least one of whom must be a for-profit
private provider;
(B) at least one of whom must be a single-site
provider;
(C) at least one of whom must be a multi-site
provider; and
(D) at least one of whom must be an individual who
provides child care in the provider's own home;
(7) at least one provider who has participated in the
Texas School Ready! project; and
(8) at least three members employed by different
boards who work in the employing board's child-care program and
have experience and expertise in early childhood development or the
Texas Rising Star Program or other similar certification or
accreditation programs.
(c) The work group shall hold the group's initial meeting
not later than November 1, 2013, and shall meet at other times as
determined by the presiding officer.
(d) The work group shall elect a presiding officer by a vote
of the membership of the work group.
(e) Not later than May 1, 2014, the work group shall submit
to the executive director of the commission recommendations
proposing revisions to the commission's guidelines relating to the
Texas Rising Star Program. In making its recommendations, the work
group shall consider:
(1) professional development standards for child-care
directors and employees, including training and annual
professional development requirements;
(2) education and experience requirements for mentors
and evaluators;
(3) early learning and school readiness standards;
(4) guidelines for infants and toddlers in child care;
(5) training hours for providers;
(6) playground standards;
(7) best practices guidelines based on standards
adopted by nationally recognized organizations, including Head
Start Program Performance Standards, National Health and Safety
Performance Standards, National Association of the Education of
Young Children program standards and accreditation criteria,
National Association for Family Child Care standards, United States
Department of Defense standards, national accreditation standards,
and School Ready certification standards;
(8) research on infant and toddler brain development;
and
(9) strategies for the long-term financing of the
Texas Rising Star Program, including financing the payment of:
(A) incentives to child-care providers
participating in the program; and
(B) grants and rewards to child-care providers
that achieve and maintain high levels of service.
(f) Not later than September 1, 2014, the commission shall
propose rules that incorporate the proposed revisions submitted by
the work group under Subsection (e).
(g) The executive director of the commission shall make the
appointments under this section on September 1, 2013.
(h) This section expires December 1, 2014.
SECTION 10. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 376 was passed by the House on May 3,
2013, by the following vote: Yeas 124, Nays 19, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 376 was passed by the Senate on May
17, 2013, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor