|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a gold standard full-day prekindergarten program |
|
provided by public school districts. |
|
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 |
|
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 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 or Subchapter E-1, Chapter 29, is entitled to |
|
the benefits of the available school fund. |
|
SECTION 3. Section 29.153, Education Code, is amended by |
|
amending Subsection (c) and adding Subsection (c-1) to read as |
|
follows: |
|
(c) A prekindergarten class under this section shall be |
|
operated on a half-day basis, unless the school district chooses to |
|
operate gold standard prekindergarten classes on a full-day basis |
|
in accordance with Subchapter E-1. A school district is eligible |
|
for funding under the Foundation School Program for students |
|
enrolled in a gold standard prekindergarten class as provided by |
|
Section 29.166. |
|
(c-1) 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. |
|
SECTION 4. Subchapter E, Chapter 29, Education Code, is |
|
amended by adding Section 29.1541 to read as follows: |
|
Sec. 29.1541. COLLECTION AND REPORTING OF INFORMATION. The |
|
agency shall: |
|
(1) collect data from all prekindergarten classes, |
|
including gold standard prekindergarten classes under Subchapter |
|
E-1, regarding student demographics, classroom size, student to |
|
instructor ratios, funding sources, and curricula used by the class |
|
and maintain that information in the Texas student data system; and |
|
(2) make the information available and accessible to |
|
parents and the general public. |
|
SECTION 5. Chapter 29, Education Code, is amended by adding |
|
Subchapter E-1 to read as follows: |
|
SUBCHAPTER E-1. GOLD STANDARD PREKINDERGARTEN PROGRAM |
|
Sec. 29.164. DEFINITION. In this subchapter, "program" |
|
means a gold standard prekindergarten program provided free of |
|
tuition or fees in accordance with this subchapter. |
|
Sec. 29.165. GOLD STANDARD PREKINDERGARTEN PROGRAM. (a) |
|
From funds appropriated for that purpose, the commissioner by rule |
|
shall establish a funding program under which funds are awarded to |
|
school districts and open-enrollment charter schools to implement a |
|
full-day prekindergarten program under this subchapter for |
|
children who are: |
|
(1) eligible for classes under Section 29.153; and |
|
(2) at least four years of age on September 1 of the |
|
year the child begins the program. |
|
(b) Before a school district may participate in the program, |
|
the district must apply to the agency and the agency must approve |
|
the district's application. The school district shall include in |
|
the district's application: |
|
(1) a design plan for implementation of the program; |
|
(2) a professional development plan to improve the |
|
instruction quality of teachers and teacher's aides; and |
|
(3) any other information required by the |
|
commissioner. |
|
(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. GOLD STANDARD PROGRAM FUNDING. (a) In |
|
addition to funding granted under Subsection (b), a school district |
|
is eligible for half-day funding under the Foundation School |
|
Program for students enrolled in a program class. |
|
(b) A school district is entitled to receive $3,650 for |
|
every student in average daily attendance in a program class. |
|
Sec. 29.167. GOLD STANDARD CURRICULUM AND INSTRUCTION |
|
STANDARDS. (a) The agency shall approve curricula to be used in a |
|
prekindergarten program under this subchapter. |
|
(b) A school district may select and implement a curriculum |
|
for the program that the agency has approved. If the school district |
|
does not select an approved curriculum for the program, the school |
|
district must obtain agency approval for the selected curriculum |
|
before the district implements the curriculum. |
|
(c) The agency shall ensure that the curriculum implemented |
|
in a program includes prekindergarten guidelines established by the |
|
agency. |
|
(d) Each program class must have at least one teacher |
|
certified under Subchapter B, Chapter 21. A school district: |
|
(1) may not enroll more than 25 students in a program |
|
class; and |
|
(2) must maintain an average ratio in a program class |
|
of not less than one certified teacher or teacher's aide for each 10 |
|
students. |
|
(e) A teacher's aide who is included in the required student |
|
to instructor ratio under Subsection (d)(2): |
|
(1) must have been awarded a Child Development |
|
Associate (CDA) credential; or |
|
(2) must: |
|
(A) have at least four years of experience |
|
working in early child development; and |
|
(B) receive a Child Development Associate (CDA) |
|
credential not later than the fourth anniversary of the date the |
|
teacher's aide began working in a program class. |
|
(f) The commissioner shall develop standards for |
|
instructional coaching and clinical practice for teachers and |
|
teacher's aides in the program that ensure continued improvement of |
|
instruction quality. |
|
Sec. 29.168. PARENT ENGAGEMENT PLANS. A school district |
|
shall: |
|
(1) develop and implement a parent engagement plan to |
|
assist the district in achieving and maintaining high levels of |
|
parental involvement and positive parental attitudes toward |
|
education; and |
|
(2) assess parental involvement in the program and |
|
parental attitude. |
|
Sec. 29.169. STUDENT ASSESSMENTS. (a) A school district |
|
shall administer diagnostic assessments to students in the program |
|
but may not administer a standardized assessment instrument. A |
|
diagnostic assessment may not be the basis of class advancement, |
|
teacher compensation, or district funding. A school district shall |
|
report data from results of diagnostic assessments in accordance |
|
with Section 29.1541. |
|
(b) The agency shall approve diagnostic assessments for a |
|
prekindergarten program under this subchapter. A school district |
|
may select assessments for the program from among the approved |
|
assessments. If the school district does not select an approved |
|
assessment, the school district must obtain agency approval for the |
|
assessment selected by the district before using the assessment. |
|
Sec. 29.170. PROGRAM ASSESSMENT. (a) The agency shall |
|
assess the effectiveness of the program by comparing student-level |
|
results of assessment instruments administered under Section |
|
39.023(a) in the third and fourth grades of students who completed |
|
the program against the results of the same assessment instruments |
|
of students who did not complete the program. |
|
(b) The agency shall develop and approve additional methods |
|
by which a school district may assess the district's program |
|
classes and instruction. The methods must be capable of measuring |
|
or assessing interaction between teachers and students, coverage of |
|
program curriculum, and other metrics required by commissioner |
|
rule. |
|
(c) A school district may select and implement appropriate |
|
methods approved by the agency for assessing the district's program |
|
classes. If the school district does not select an approved |
|
assessment method, the school district must obtain agency approval |
|
for the assessment method selected. A school district shall report |
|
data from results of program assessments in accordance with Section |
|
29.1541. |
|
Sec. 29.171. PROGRAM ACCOUNTABILITY. (a) The commissioner |
|
shall establish benchmarks for the effectiveness of a school |
|
district's program using student-level results collected under |
|
Section 29.170(a). The rules must require a district to demonstrate |
|
high achievement or show substantial progress toward high |
|
achievement with respect to the benchmarks to continue operating |
|
the program. |
|
(b) If a school district's program does not satisfy |
|
benchmarks adopted under Subsection (a), the agency shall propose |
|
changes for the district's program to assist the district in |
|
satisfying the benchmarks. A district that implements proposed |
|
changes is eligible to operate the program notwithstanding the |
|
district's failure to satisfy benchmarks for the program. If a |
|
district to which the agency has proposed changes fails to |
|
implement the proposed changes, the district is ineligible to |
|
receive funding under this subchapter. |
|
Sec. 29.172. CONTRACTS WITH PRIVATE PROVIDERS. A school |
|
district participating in the program may enter into a contract |
|
with eligible private providers to provide services or equipment |
|
for the program. |
|
Sec. 29.173. ELIGIBLE PRIVATE PROVIDERS. 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 be accredited by a |
|
research-based, nationally recognized, and universally accessible |
|
accreditation system approved by the commissioner. |
|
Sec. 29.174. WRITTEN CONTRACT REQUIRED. A school district |
|
and a private provider contracting under this subchapter shall |
|
enter a written contract governing the services to be provided by |
|
the private provider, including the amount of funding allocated by |
|
the school district to the private provider and the number of |
|
students the private provider agrees to enroll. The contract may |
|
provide that: |
|
(1) the school district leases school facilities to or |
|
from the private provider; |
|
(2) the school district employs a certified teacher |
|
for the prekindergarten class and the private provider supplies the |
|
school facilities and all other personnel and supplies; or |
|
(3) the private provider supplies the school |
|
facilities, certified teachers, personnel, and supplies. |
|
Sec. 29.175. DISCRIMINATION BY PRIVATE PROVIDER |
|
PROHIBITED. A private provider may not deny program services to a |
|
student on the basis of the student's race, religion, sex, |
|
ethnicity, national origin, or disability. |
|
Sec. 29.176. OVERSIGHT OF PRIVATE PROVIDERS. (a) A school |
|
district that contracts with a private provider shall monitor the |
|
private provider's compliance with the terms of the contract. |
|
(b) The commissioner shall monitor a private provider's |
|
compliance with state laws and requirements for prekindergarten |
|
programs. |
|
Sec. 29.177. RULES. The commissioner may adopt rules |
|
necessary to implement this subchapter. |
|
SECTION 6. 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 7. This Act applies beginning with the 2015-2016 |
|
school year. |
|
SECTION 8. 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. |