By: Bucy H.B. No. 53
 
 
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:
                         (i) [(A)]  the conservatorship of the
Department of Family and Protective Services following an adversary
hearing held as provided by Section 262.201, Family Code; or
                         (ii) [(B)]  foster care in another state or
territory, if the child resides in this state; 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. 

Statutes affected:
Introduced: Education Code 29.1531, Education Code 29.1532 (Education Code 29)