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