87(R) SB 37 - Introduced version - Bill Text

	87R1724 CAE-D
	By:  Zaffirini	S.B.  No.  37

	A BILL TO BE ENTITLED
	AN ACT
	relating to providing free full-day prekindergarten for certain
	children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Sections 29.153(a-1), (b), (c), (d), and (f),
	Education Code, are amended to read as follows:
	(a-1)    A district shall offer prekindergarten classes to any
	child  [if the district identifies 15 or more children] who is  [are
	eligible under Subsection (b) and are] at least four years of age.
	A school district may offer prekindergarten classes if the district
	identifies 15 or more [eligible] children who are eligible under
	Subsection (b)(1)  [at least three years of age]. A district may not
	charge tuition for a prekindergarten class offered under this
	section.
	(b)    A child is eligible for enrollment in a prekindergarten
	class under this section if the child is:
	(1)    at least three years of age and:
	(A)  [(1)]    is unable to speak and comprehend the
	English language;
	(B)  [(2)]    is educationally disadvantaged;
	(C)  [(3)]    is homeless, regardless of the
	residence of the child, of either parent of the child, or of the
	child's guardian or other person having lawful control of the
	child;
	(D)  [(4)]    is the child of an active duty member
	of the armed forces of the United States, including the state
	military forces or a reserve component of the armed forces, who is
	ordered to active duty by proper authority;
	(E)  [(5)]    is the child of a member of the armed
	forces of the United States, including the state military forces or
	a reserve component of the armed forces, who was injured or killed
	while serving on active duty;
	(F)  [(6)]    is or ever has been in the
	conservatorship of the Department of Family and Protective Services
	following an adversary hearing held as provided by Section 262.201,
	Family Code; or
	(G)  [(7)]    is the child of a person eligible for
	the Star of Texas Award as:
	(i)  [(A)]    a peace officer under Section
	3106.002, Government Code;
	(ii)  [(B)]    a firefighter under Section
	3106.003, Government Code; or
	(iii)  [(C)]    an emergency medical first
	responder under Section 3106.004, Government Code; or
	(2)    at least four years of age.
	(c)    A prekindergarten class under this section [may be
	operated on a half-day basis for children under four years of age
	and] shall be operated on a full-day basis [for children who are at
	least four years of age]. 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.
	(d)    Subject to Subsections (d-1) and (d-2), on application
	of a district, the commissioner shall exempt a district from the
	application of all or any part of this section, including all or any
	part of Subchapter E-1 for a prekindergarten class described by
	Subsection (c-1), if the commissioner determines that[:
	[(1)]    the district would be required to construct
	classroom facilities in order to provide prekindergarten classes[;
	or
	[(2)    implementing any part of this section would
	result in fewer eligible children being enrolled in a
	prekindergarten class under this section].
	(f)    A child who is eligible for enrollment in a
	prekindergarten class under Subsection (b)(1)(D) or (E)  [(b)(4) or
	(5)] remains eligible for enrollment if the child's parent leaves
	the armed forces, or is no longer on active duty, after the child
	begins a prekindergarten class.
	SECTION  2.    Section 29.1531(a), Education Code, is amended
	to read as follows:
	(a)    A school district may offer on a tuition basis or use
	district funds to provide[:
	[(1)    an additional half-day of prekindergarten
	classes to children who are eligible for classes under Section