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  84R7760 JSL-D
 
  By: Johnson H.B. No. 1100
 
 
 
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.