Bill Text: TX HB4 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to prekindergarten, including a high quality prekindergarten grant program provided by public school districts.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-05-28 - Effective immediately [HB4 Detail]

Download: Texas-2015-HB4-Enrolled.html

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H.B. No. 4

AN ACT
relating to prekindergarten, including a high quality
prekindergarten grant program provided by public school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 8, Education Code, is
amended by adding Section 8.058 to read as follows:
Sec. 8.058. CHILD DEVELOPMENT ASSOCIATE TRAINING. A
regional education service center may offer to teachers employed by
school districts the training required to be awarded a Child
Development Associate (CDA) credential.
SECTION 2. 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
or E-1, Chapter 29;
(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; and
(N) intensive programs of instruction under
Section 28.0213.
SECTION 3. 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 or Subchapter E-1, Chapter 29, is entitled to
the benefits of the available school fund.
SECTION 4. Section 29.1532, Education Code, is amended by
amending Subsection (c) and adding Subsection (d) 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;
(2) the numbers of half-day and full-day
prekindergarten classes offered by the district and campus; [and]
(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.
SECTION 5. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1543 to read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
produce and make available to the public on the agency's Internet
website annual district and campus-level reports containing
information from the previous school year on early education in
school districts and open-enrollment charter schools. A report
under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of the diagnostic reading
instruments administered in accordance with Section 28.006(c);
(3) the number of students who were administered a
diagnostic reading instrument administered in accordance with
Section 28.006(c);
(4) the number of students whose scores from a
diagnostic reading instrument administered in accordance with
Section 28.006(c) indicate reading proficiency; and
(5) the number of kindergarten students who were
enrolled in a prekindergarten program in the previous school year
in the same district or school as the district or school in which
the student attends kindergarten.
SECTION 6. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1545 to read as follows:
Sec. 29.1545. CLASS SIZE AND RATIO STUDY AND
RECOMMENDATIONS. (a) The agency and the Department of Family and
Protective Services shall conduct a joint study to develop
recommendations regarding optimal class sizes and student to
teacher ratios for prekindergarten classes. The agency and
department shall base recommendations on:
(1) data collected from prekindergarten programs,
including high quality prekindergarten programs under Subchapter
E-1, reported through the Public Education Information Management
System (PEIMS); and
(2) observations of best practices and examples from
effective prekindergarten programs across the state.
(b) Not later than September 1, 2016, the agency shall
submit a report to the legislature detailing the agency's findings
and recommendations regarding class size and student to teacher
ratios.
(c) This section expires January 1, 2017.
SECTION 7. Chapter 29, Education Code, is amended by adding
Subchapter E-1 to read as follows:
SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN GRANT PROGRAM
Sec. 29.164. DEFINITION. In this subchapter, "program"
means a high quality prekindergarten grant program provided free of
tuition or fees in accordance with this subchapter.
Sec. 29.165. HIGH QUALITY PREKINDERGARTEN GRANT PROGRAM.
(a) From funds appropriated for that purpose, the commissioner by
rule shall establish a grant funding program under which funds are
awarded to school districts and open-enrollment charter schools to
implement a prekindergarten grant program under this subchapter.
(b) A school district may participate in and receive funding
under the program if the district meets all program standards
required under this subchapter.
(c) A program is subject to any other requirements imposed
by law that apply to a prekindergarten program not provided in
accordance with this subchapter, except that to the extent a
conflict exists between this subchapter and any other provision of
law, this subchapter prevails.
Sec. 29.166. HIGH QUALITY GRANT PROGRAM FUNDING. (a) A
school district is eligible for half-day funding under the
Foundation School Program for each student who satisfies
eligibility requirements under Section 29.153(b) and who is
enrolled in a program class.
(b) In addition to funding under Subsection (a), a school
district is entitled to receive grant funding in an amount
determined by the commissioner for each qualifying student
described under Subsection (c) in average daily attendance in a
program class. The commissioner may not establish an amount of
funding per qualifying student in attendance for the entire
instructional period on a school day that exceeds $1,500.
(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.
(d) A school district that receives the funding under
Subsection (b) may use the funding only to improve the quality of
the district's prekindergarten programs.
(e) The total amount of funding distributed to school
districts under Subsection (b) may not exceed $130 million for the
state fiscal biennium ending August 31, 2017.
Sec. 29.167. HIGH QUALITY CURRICULUM AND TEACHER
REQUIREMENTS. (a) A school district shall select and implement a
curriculum for a prekindergarten grant program under this
subchapter 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.
(b) Each teacher for a prekindergarten program 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.
(c) 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.
(d) A school district must attempt to maintain an average
ratio in any prekindergarten program class of not less than one
certified teacher or teacher's aide for each 11 students.
Sec. 29.168. FAMILY ENGAGEMENT PLAN. (a) A school district
shall develop and implement a family engagement plan to assist the
district in achieving and maintaining high levels of family
involvement and positive family attitudes toward education. The
family engagement plan must be based on family engagement
strategies established under Subsection (b).
(b) The agency shall collaborate with other state agencies,
including the Health and Human Services Commission, that provide
services for children from birth through five years of age to
establish prioritized family engagement strategies to be included
in a school district's family engagement plan. A parent-teacher
organization, community group, or faith-based institution may
submit to the agency recommendations regarding the establishment of
family engagement strategies, and the agency, in establishing the
family engagement strategies, shall consider any received
recommendations. The engagement strategies must be:
(1) based on empirical research; and
(2) proven to demonstrate significant positive
short-term and long-term outcomes for early childhood education.
Sec. 29.169. PROGRAM EVALUATION. (a) A school district
shall:
(1) select and implement appropriate methods for
evaluating the district's program classes by measuring student
progress; and
(2) make data from the results of program evaluations
available to parents.
(b) A school district may administer diagnostic assessments
to students in a program class to evaluate student progress as
required by Subsection (a) but may not administer a state
standardized assessment instrument.
(c) An assessment instrument administered to a
prekindergarten program class must be selected from a list of
appropriate prekindergarten assessment instruments identified by
the commissioner.
Sec. 29.170. PROGRAM FUNDING EVALUATION. (a) The
commissioner shall evaluate the use and effectiveness of funding
provided under this subchapter in improving student learning. The
commissioner shall identify effective instruction strategies
implemented by school districts under this subchapter.
(b) Beginning in 2018, not later than December 1 of each
even-numbered year, the commissioner shall deliver a report to the
legislature containing the results of the evaluation.
(c) This section expires December 31, 2024.
Sec. 29.171. ELIGIBLE PRIVATE PROVIDERS. (a) A school
district participating in the grant program under this subchapter
may enter into a contract with an eligible private provider to
provide services or equipment for the program.
(b) To be eligible to contract with a school district to
provide a program or part of a program, a private provider must be
licensed by and in good standing with the Department of Family and
Protective Services. For purposes of this section, a private
provider is in good standing with the Department of Family and
Protective Services if the department has not taken an action
against the provider's license under Section 42.071, 42.072, or
42.078, Human Resources Code, during the 24-month period preceding
the date of a contract with a school district. The private provider
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 not provided under
this subchapter; or
(5) be accredited by an organization that is
recognized by the Texas Private School Accreditation Commission.
(c) A prekindergarten program provided by a private
provider under this section is subject to the requirements of this
subchapter.
Sec. 29.172. RULES. The commissioner may adopt rules
necessary to implement this subchapter.
SECTION 8. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.464 to read as follows:
Sec. 21.464. PREKINDERGARTEN TEACHER TRAINING COURSE. (a)
The commissioner shall develop a prekindergarten teacher training
course to be offered to prekindergarten teachers employed by a
school district or open-enrollment charter school.
(b) A course provided under this section shall provide
instruction in the development and operation of effective
prekindergarten classes, including training in:
(1) the prekindergarten guidelines established by the
agency;
(2) effective and systematic instructional techniques
for teaching prekindergarten students using the prekindergarten
guidelines; and
(3) designing and implementing a comprehensive
curriculum in the classroom.
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
or Subchapter E-1, Chapter 29.
SECTION 10. (a) Section 29.167(b), Education Code, as
added by this Act, requiring a prekindergarten teacher to have been
awarded a Child Development Associate (CDA) credential, applies
beginning with the 2016-2017 school year.
(b) Except as provided by Subsection (a) of this section,
this Act applies beginning with the 2015-2016 school year.
SECTION 11. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4 was passed by the House on April 9,
2015, by the following vote: Yeas 128, Nays 17, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4 on May 21, 2015, by the following vote: Yeas 146, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4 was passed by the Senate, with
amendments, on May 7, 2015, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor