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79R8022 BDH-D

By:  Coleman                                                      H.B. No. 3211



A BILL TO BE ENTITLED

AN ACT

relating to the availability of free prekindergarten programs in 
public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 29.153(a) and (b), Education Code, are 
amended to read as follows:
	(a)  A district shall offer prekindergarten classes if the 
district identifies 15 or more children who 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 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 is:                               
			(A) [(1)]  unable to speak and comprehend the 
English language;
			(B) [(2)]  educationally disadvantaged; or           
			(C) [(3)]  homeless, as defined by 42 U.S.C.  
Section 11302, 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; or
		(2)  at least four years of age.                                       
	SECTION 2.  Section 29.1532(c), Education Code, is amended 
to read as follows:
	(c)  A school district that offers prekindergarten classes 
shall include the following information in the district's Public 
Education Information Management System (PEIMS) report:
		(1)  demographic information, as determined by the 
commissioner, on students enrolled in district prekindergarten 
classes, including the number of students who are eligible for 
classes under Section 29.153(b)(1) [29.153];
		(2)  the numbers of half-day and full-day 
prekindergarten classes offered by the district; and
		(3)  the sources of funding for the prekindergarten 
classes.                
	SECTION 3.  Section 29.153(d), Education Code, is repealed.                    
	SECTION 4.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 5.  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, 2005.