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A BILL TO BE ENTITLED
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AN ACT
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relating to a gold standard full-day prekindergarten program |
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provided by public school districts and the elimination of the high |
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school allotment under the Foundation School Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E, |
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[or] E-1, or E-2, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; and |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148. |
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SECTION 2. Section 25.001(a), Education Code, is amended to |
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read as follows: |
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(a) A person who, on the first day of September of any school |
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year, is at least five years of age and under 21 years of age, or is |
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at least 21 years of age and under 26 years of age and is admitted by |
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a school district to complete the requirements for a high school |
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diploma is entitled to the benefits of the available school fund for |
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that year. Any other person enrolled in a prekindergarten class |
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under Section 29.153 or Subchapter E-1 or E-2, Chapter 29, is |
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entitled to the benefits of the available school fund. |
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SECTION 3. Section 29.153, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) A prekindergarten class under this section shall be |
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operated on a half-day basis, unless the school district chooses to |
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operate gold standard prekindergarten classes on a full-day basis |
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in accordance with Subchapter E-2. A school district is eligible |
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for funding under the Foundation School Program for students |
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enrolled in a gold standard prekindergarten class as provided by |
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Section 29.17403. |
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(c-1) A district is not required to provide transportation |
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for a prekindergarten class, but transportation, if provided, is |
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included for funding purposes as part of the regular transportation |
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system. |
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SECTION 4. Section 29.1532, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) A school district that offers prekindergarten classes, |
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including a high quality prekindergarten program class under |
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Subchapter E-1 or a gold standard prekindergarten program class |
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under Subchapter E-2, shall include the following information in |
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the district's Public Education Information Management System |
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(PEIMS) report: |
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(1) demographic information, as determined by the |
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commissioner, on students enrolled in district and campus |
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prekindergarten classes, including the number of students who are |
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eligible for classes under Section 29.153; |
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(2) the numbers of half-day and full-day |
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prekindergarten classes offered by the district and campus; |
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(3) the sources of funding for the prekindergarten |
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classes; |
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(4) the class size and ratio of instructional staff to |
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students for each prekindergarten program class offered by the |
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district and campus; |
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(5) if the district elects to administer an assessment |
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instrument to students enrolled in district and campus |
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prekindergarten program classes, a description and the results of |
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each type of assessment instrument; and |
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(6) curricula used in the district's prekindergarten |
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program classes. |
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(e) The agency shall make the information required under |
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this section available and accessible to parents and the general |
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public. |
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SECTION 5. Chapter 29, Education Code, is amended by adding |
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Subchapter E-2 to read as follows: |
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SUBCHAPTER E-2. GOLD STANDARD PREKINDERGARTEN PROGRAM |
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Sec. 29.17401. DEFINITION. In this subchapter, "program" |
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means a gold standard prekindergarten program provided free of |
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tuition or fees in accordance with this subchapter. |
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Sec. 29.17402. GOLD STANDARD PREKINDERGARTEN PROGRAM. (a) |
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From funds appropriated for that purpose, the commissioner by rule |
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shall establish a funding program under which funds are awarded to |
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school districts and open-enrollment charter schools to implement a |
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full-day prekindergarten program under this subchapter for |
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children who are: |
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(1) eligible for classes under Section 29.153; and |
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(2) at least four years of age on September 1 of the |
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year the child begins the program. |
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(b) Before a school district may participate in the program, |
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the district must apply to the agency and the agency must approve |
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the district's application. The school district shall include in |
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the district's application: |
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(1) a design plan for implementation of the program; |
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(2) a professional development plan to improve the |
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instruction quality of teachers and teacher's aides; and |
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(3) any other information required by the |
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commissioner. |
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(c) A program is subject to any other requirements imposed |
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by law that apply to a prekindergarten program not provided in |
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accordance with this subchapter, except that to the extent a |
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conflict exists between this subchapter and any other provision of |
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law, this subchapter prevails. |
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Sec. 29.17403. GOLD STANDARD PROGRAM FUNDING. (a) In |
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addition to funding granted under Subsection (b), a school district |
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is eligible for half-day funding under the Foundation School |
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Program for students enrolled in a program class. |
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(b) A school district is entitled to receive a gold standard |
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prekindergarten program allotment under Section 42.160. |
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Sec. 29.17404. GOLD STANDARD CURRICULUM AND INSTRUCTION |
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STANDARDS. (a) The agency shall approve curricula to be used in a |
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prekindergarten program under this subchapter. |
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(b) A school district may select and implement a curriculum |
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for the program that the agency has approved. If the school district |
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does not select an approved curriculum for the program, the school |
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district must obtain agency approval for the selected curriculum |
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before the district implements the curriculum. |
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(c) The agency shall ensure that the curriculum implemented |
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in a program includes prekindergarten guidelines established by the |
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agency. |
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(d) Each program class must have at least one teacher |
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certified under Subchapter B, Chapter 21. A school district: |
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(1) may not enroll more than 25 students in a program |
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class; and |
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(2) must maintain an average ratio in a program class |
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of not less than one certified teacher or teacher's aide for each 10 |
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students. |
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(e) A teacher's aide who is included in the required student |
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to instructor ratio under Subsection (d)(2): |
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(1) must have been awarded a Child Development |
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Associate (CDA) credential; or |
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(2) must: |
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(A) have at least four years of experience |
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working in early child development; and |
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(B) receive a Child Development Associate (CDA) |
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credential not later than the fourth anniversary of the date the |
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teacher's aide began working in a program class. |
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(f) The commissioner shall develop standards for |
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instructional coaching and clinical practice for teachers and |
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teacher's aides in the program that ensure continued improvement of |
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instruction quality. |
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Sec. 29.17405. PARENT ENGAGEMENT PLANS. A school district |
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shall: |
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(1) develop and implement a parent engagement plan to |
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assist the district in achieving and maintaining high levels of |
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parental involvement and positive parental attitudes toward |
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education; and |
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(2) assess parental involvement in the program and |
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parental attitude. |
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Sec. 29.17406. STUDENT ASSESSMENTS. (a) A school district |
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shall administer diagnostic assessments to students in the program |
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but may not administer a standardized assessment instrument. A |
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diagnostic assessment may not be the basis of class advancement, |
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teacher compensation, or district funding. A school district shall |
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report data from results of diagnostic assessments in accordance |
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with Section 29.1532(c). |
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(b) The agency shall approve diagnostic assessments for a |
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prekindergarten program under this subchapter. A school district |
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may select assessments for the program from among the approved |
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assessments. If the school district does not select an approved |
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assessment, the school district must obtain agency approval for the |
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assessment selected by the district before using the assessment. |
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Sec. 29.17407. PROGRAM ASSESSMENT. (a) The agency shall |
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assess the effectiveness of the program by comparing student-level |
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results of assessment instruments administered under Section |
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39.023(a) in the third and fourth grades of students who completed |
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the program against the results of the same assessment instruments |
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of students who did not complete the program. |
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(b) The agency shall develop and approve additional methods |
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by which a school district may assess the district's program |
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classes and instruction. The methods must be capable of measuring |
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or assessing interaction between teachers and students, coverage of |
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program curriculum, and other metrics required by commissioner |
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rule. |
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(c) A school district may select and implement appropriate |
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methods approved by the agency for assessing the district's program |
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classes. If the school district does not select an approved |
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assessment method, the school district must obtain agency approval |
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for the assessment method selected. A school district shall report |
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data from results of program assessments in accordance with Section |
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29.1532(c). |
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Sec. 29.17408. PROGRAM ACCOUNTABILITY. (a) The |
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commissioner shall establish benchmarks for the effectiveness of a |
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school district's program using student-level results collected |
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under Section 29.17407(a). The rules must require a district to |
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demonstrate high achievement or show substantial progress toward |
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high achievement with respect to the benchmarks to continue |
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operating the program. |
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(b) If a school district's program does not satisfy |
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benchmarks adopted under Subsection (a), the agency shall propose |
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changes for the district's program to assist the district in |
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satisfying the benchmarks. A district that implements proposed |
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changes is eligible to operate the program notwithstanding the |
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district's failure to satisfy benchmarks for the program. If a |
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district to which the agency has proposed changes fails to |
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implement the proposed changes, the district is ineligible to |
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receive funding under this subchapter. |
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Sec. 29.17409. CONTRACTS WITH PRIVATE PROVIDERS. A school |
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district participating in the program may enter into a contract |
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with eligible private providers to provide services or equipment |
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for the program. |
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Sec. 29.17410. ELIGIBLE PRIVATE PROVIDERS. To be eligible |
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to contract with a school district to provide a program or part of a |
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program, a private provider must be licensed by and in good standing |
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with the Department of Family and Protective Services. For |
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purposes of this section, a private provider is in good standing |
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with the Department of Family and Protective Services if the |
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department has not taken an action against the provider's license |
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under Section 42.071, 42.072, or 42.078, Human Resources Code, |
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during the 24-month period preceding the date of a contract with a |
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school district. The private provider must also be accredited by a |
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research-based, nationally recognized, and universally accessible |
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accreditation system approved by the commissioner. |
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Sec. 29.17411. WRITTEN CONTRACT REQUIRED. A school |
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district and a private provider contracting under this subchapter |
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shall enter a written contract governing the services to be |
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provided by the private provider, including the amount of funding |
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allocated by the school district to the private provider and the |
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number of students the private provider agrees to enroll. The |
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contract may provide that: |
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(1) the school district leases school facilities to or |
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from the private provider; |
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(2) the school district employs a certified teacher |
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for the prekindergarten class and the private provider supplies the |
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school facilities and all other personnel and supplies; or |
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(3) the private provider supplies the school |
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facilities, certified teachers, personnel, and supplies. |
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Sec. 29.17412. DISCRIMINATION BY PRIVATE PROVIDER |
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PROHIBITED. A private provider may not deny program services to a |
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student on the basis of the student's race, religion, sex, |
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ethnicity, national origin, or disability. |
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Sec. 29.17413. OVERSIGHT OF PRIVATE PROVIDERS. (a) A |
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school district that contracts with a private provider shall |
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monitor the private provider's compliance with the terms of the |
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contract. |
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(b) The commissioner shall monitor a private provider's |
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compliance with state laws and requirements for prekindergarten |
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programs. |
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Sec. 29.17414. RULES. The commissioner may adopt rules |
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necessary to implement this subchapter. |
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SECTION 6. Sections 29.918(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) Notwithstanding Section [39.234 or] 42.152, a school |
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district or open-enrollment charter school with a high dropout |
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rate, as determined by the commissioner, must submit a plan to the |
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commissioner describing the manner in which the district or charter |
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school intends to use the compensatory education allotment under |
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Section 42.152 [and the high school allotment under Section 42.160] |
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for developing and implementing research-based strategies for |
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dropout prevention. The district or charter school shall submit |
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the plan not later than December 1 of each school year preceding the |
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school year in which the district or charter school will receive the |
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compensatory education allotment [or high school allotment] to |
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which the plan applies. |
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(b) A school district or open-enrollment charter school to |
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which this section applies may not spend or obligate more than 25 |
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percent of the district's or charter school's compensatory |
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education allotment [or high school allotment] unless the |
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commissioner approves the plan submitted under Subsection |
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(a). The commissioner shall complete an initial review of the |
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district's or charter school's plan not later than March 1 of the |
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school year preceding the school year in which the district or |
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charter school will receive the compensatory education allotment |
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[or high school allotment] to which the plan applies. |
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SECTION 7. Section 39.0233(a), Education Code, is amended |
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to read as follows: |
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(a) The agency, in coordination with the Texas Higher |
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Education Coordinating Board, shall adopt a series of questions to |
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be included in an end-of-course assessment instrument administered |
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under Section 39.023(c) to be used for purposes of Section 51.3062. |
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The questions adopted under this subsection must be developed in a |
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manner consistent with any college readiness standards adopted |
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under Section [Sections 39.233 and] 51.3062. |
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SECTION 8. Section 42.003(b), Education Code, is amended to |
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read as follows: |
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(b) A student to whom Subsection (a) does not apply is |
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entitled to the benefits of the Foundation School Program if the |
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student is enrolled in a prekindergarten class under Section 29.153 |
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or Subchapter E-1 or E-2, Chapter 29. |
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SECTION 9. The heading to Section 42.160, Education Code, |
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is amended to read as follows: |
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Sec. 42.160. GOLD STANDARD PREKINDERGARTEN PROGRAM [HIGH
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SCHOOL] ALLOTMENT. |
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SECTION 10. Section 42.160(a), Education Code, is amended |
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to read as follows: |
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(a) A school district is entitled to an annual allotment |
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equal to the adjusted basic allotment multiplied by 0.5 [of $275] |
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for each student in average daily attendance in a gold standard |
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prekindergarten program under Subchapter E-2, Chapter 29, [grades 9
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through 12] in the district. |
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SECTION 11. Section 42.302(a), Education Code, is amended |
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to read as follows: |
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(a) Each school district is guaranteed a specified amount |
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per weighted student in state and local funds for each cent of tax |
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effort over that required for the district's local fund assignment |
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up to the maximum level specified in this subchapter. The amount |
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of state support, subject only to the maximum amount under Section |
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42.303, is determined by the formula: |
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GYA = (GL X WADA X DTR X 100) - LR |
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where: |
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"GYA" is the guaranteed yield amount of state funds to be |
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allocated to the district; |
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"GL" is the dollar amount guaranteed level of state and local |
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funds per weighted student per cent of tax effort, which is an |
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amount described by Subsection (a-1) or a greater amount for any |
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year provided by appropriation; |
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"WADA" is the number of students in weighted average daily |
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attendance, which is calculated by dividing the sum of the school |
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district's allotments under Subchapters B and C, less any allotment |
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to the district for transportation, any allotment under Section |
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42.158 [or 42.160], and 50 percent of the adjustment under Section |
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42.102, by the basic allotment for the applicable year; |
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"DTR" is the district enrichment tax rate of the school |
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district, which is determined by subtracting the amounts specified |
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by Subsection (b) from the total amount of maintenance and |
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operations taxes collected by the school district for the |
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applicable school year and dividing the difference by the quotient |
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of the district's taxable value of property as determined under |
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Subchapter M, Chapter 403, Government Code, or, if applicable, |
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under Section 42.2521, divided by 100; and |
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"LR" is the local revenue, which is determined by multiplying |
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"DTR" by the quotient of the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, under Section 42.2521, divided by 100. |
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SECTION 12. The following provisions of the Education Code |
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are repealed: |
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(1) Section 29.097(g); |
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(2) Section 29.098(e); |
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(3) Section 39.233; |
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(4) Section 39.234; and |
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(5) Sections 42.160(b), (c), and (d). |
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SECTION 13. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 14. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |