By: Patrick, Eissler, Anchia, Pitts,	H.B. No. 130
	Thompson, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to an enhanced quality full-day prekindergarten program
	provided by public school districts in conjunction with community
	providers.
	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)  satisfactory performance on assessment
	instruments and to accelerated instruction under Section 28.0211;
	(E)  high school graduation 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, and G, 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 28.002(l), Education Code, is amended to
	read as follows:
	(l)  A school district shall require a student enrolled in
	full-day prekindergarten, in kindergarten, or in a grade level
	below grade six to participate in moderate or vigorous daily
	physical activity for at least 30 minutes throughout the school
	year as part of the district's physical education curriculum or
	through structured activity during a school campus's daily recess.
	To the extent practicable, a school district shall require a
	student enrolled in prekindergarten on less than a full-day basis
	to participate in the same type and amount of physical activity as a
	student enrolled in full-day prekindergarten. A school district
	shall require students enrolled in grade levels six, seven, and
	eight to participate in moderate or vigorous daily physical
	activity for at least 30 minutes for at least four semesters during
	those grade levels as part of the district's physical education
	curriculum. If a school district determines, for any particular
	grade level below grade six, that requiring moderate or vigorous
	daily physical activity is impractical due to scheduling concerns
	or other factors, the district may as an alternative require a
	student in that grade level to participate in moderate or vigorous
	physical activity for at least 135 minutes during each school week.
	Additionally, a school district may as an alternative require a
	student enrolled in a grade level for which the district uses block
	scheduling to participate in moderate or vigorous physical activity
	for at least 225 minutes during each period of two school weeks. A
	school district must provide for an exemption for:
	(1)  any student who is unable to participate in the
	required physical activity because of illness or disability; and
	(2)  a middle school or junior high school student who
	participates in an extracurricular activity with a moderate or
	vigorous physical activity component that is considered a
	structured activity under rules adopted by the commissioner.
	SECTION 3.  Subchapter E, Chapter 29, Education Code, is
	amended by adding Section 29.1534 to read as follows:
	Sec. 29.1534.  NOTIFICATION OF PREKINDERGARTEN PROGRAMS.
	(a)  In this section, "prekindergarten program" includes
	prekindergarten programs provided by a private entity through a
	partnership with the school district.
	(b)  The agency shall develop joint strategies with other
	state agencies regarding methods to increase community awareness of
	prekindergarten programs through programs that provide information
	relating to public assistance programs.
	(c)  The agency may develop outreach materials for use by
	school districts to increase community awareness of
	prekindergarten programs.
	(d)  Each school district shall report annually to the agency
	the strategies implemented by the school district to increase
	community awareness of prekindergarten programs offered by the
	district.  The district shall report the information on a form
	prescribed by the commissioner.  A report required by this
	subsection may be combined, at the discretion of the commissioner,
	with another report that the district submits to the agency.
	(e)  Not later than the 90th day after the date the agency
	receives a report from a school district as required by Subsection
	(d), the agency shall post the report on the agency's Internet
	website.
	(f)  Not later than April 1, 2010, the agency shall conduct a
	study to identify effective methods to communicate to the parent of
	an eligible child the availability of prekindergarten programs.
	The study must include research on providing information regarding
	prekindergarten programs through public, private, and nonprofit
	institutions that provide assistance and support to families with
	children eligible for prekindergarten programs.  Not later than May
	1, 2010, the agency shall make recommendations to school districts
	based on the study regarding the most effective methods to increase
	communication regarding the availability of prekindergarten
	programs. This subsection expires June 1, 2010.
	(g)  Not later than December 1, 2010, the agency shall
	prepare and deliver to the lieutenant governor, the speaker of the
	house of representatives, and the presiding officer of each
	legislative standing committee with primary jurisdiction over
	primary and secondary education a report detailing strategies
	developed under Subsection (b) to increase community awareness of
	prekindergarten programs. This subsection expires January 1, 2011.
	SECTION 4.  Chapter 29, Education Code, is amended by adding
	Subchapter E-1 to read as follows:
	SUBCHAPTER E-1. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM
	Sec. 29.164.  DEFINITION.  In this subchapter, "enhanced
	program" or "program" means an enhanced quality full-day
	prekindergarten program provided free of tuition or fees in
	accordance with this subchapter.
	Sec. 29.165.  ENHANCED QUALITY FULL-DAY PREKINDERGARTEN
	PROGRAM GRANTS. (a) From funds appropriated for that purpose, the
	commissioner by rule shall establish a grant program under which
	grants are awarded to school districts to implement an enhanced
	quality full-day prekindergarten program for children eligible for
	classes under Section 29.153.
	(b)  A school district may apply to the commissioner to
	participate in the grant program. In awarding grants under this
	subchapter for each school year, the commissioner shall give
	priority in the order listed to the following school districts:
	(1)  school districts that receive grant funding from
	the commissioner for early childhood education in a lesser amount
	than the amount provided for that purpose during the preceding
	school year;
	(2)  school districts that are not eligible to receive
	any other existing early childhood grants awarded by the
	commissioner; and
	(3)  school districts with a high percentage of
	students who are educationally disadvantaged, as determined by the
	commissioner.
	(c)  A school district may not enroll more than 22 students
	in a program class and must maintain an average ratio in the program
	of not less than one certified teacher or teacher's aide for each 11
	students.  Each program class must have at least one certified
	teacher.
	(d)  A certified teacher in the program must have a minimum
	of nine semester credit hours of college education courses
	emphasizing early childhood education.
	(d-1)  If a certified teacher who meets the requirements of
	Subsection (d) is unavailable, a community provider contracting
	with a school district under this subchapter may employ a teacher
	for the program who has a minimum of three years experience in early
	childhood education, who is certified as a Child Development
	Associate by the Council for Professional Recognition, and who is
	taking one or more college education courses that emphasize early
	childhood education. Not later than the third anniversary of the
	date the community provider contracts with the district, the
	community provider must employ a teacher who meets the requirements
	of Subsection (d).
	(e)  A school district must select and implement a curriculum
	for the program that includes the prekindergarten guidelines
	established by the agency.
	(f)  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.
	(g)  To participate in the program, a school district must
	meet requirements adopted by the commissioner under Section 29.174.
	Sec. 29.166.  CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED.
	(a)  A school district that provides an enhanced program shall use
	at least 20 percent of grant funds provided under this subchapter to
	contract with one or more eligible community providers to provide
	the program.
	(b)  The commissioner may waive the requirement under
	Subsection (a) on an annual basis if a school district provides
	documentation acceptable to the commissioner that:
	(1)  the area served by the district does not have a
	sufficient number of eligible community providers;
	(2)  after a good faith effort, the school district did
	not receive any applications or other indications of interest in
	contracting with the district from eligible community providers; or
	(3)  after a good faith effort and for good cause, the
	district and one or more eligible community providers interested in
	contracting with the district were unable to reach an agreement.
	(c)  Not later than the 30th day after the date the
	commissioner receives a request for a waiver under Subsection (b),
	the commissioner shall send a written notice to the school district
	and the affected community provider, if applicable, granting or
	denying the request.  A school district or community provider
	affected by a decision of the commissioner under this subsection
	may appeal the decision as provided by Section 7.057.
	Sec. 29.167.  ELIGIBLE COMMUNITY PROVIDERS. (a) To be
	eligible to contract with a school district to provide an enhanced
	program, a community provider must be center-based and licensed by
	and in good standing with the Department of Family and Protective
	Services. For purposes of this subsection, a community 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 12-month period preceding the date of a
	contract with a school district.
	(b)  Except as provided by Subsection (c), an eligible
	community provider must also meet one of the following criteria:
	(1)  the community provider must be certified through
	the school readiness certification system established under
	Section 29.161;
	(2)  the community provider must be a Texas Early
	Education Model participant;
	(3)  the community provider must be a Texas Rising Star
	Provider with a three-star certification or higher; or
	(4)  the community provider must be accredited by a
	research-based, nationally recognized, and universally accessible
	accreditation system approved by the agency that requires a
	developmentally appropriate curriculum that includes math,
	science, social studies, literacy, physical development, and
	social and emotional components.
	(c)  Notwithstanding failure to satisfy the requirements of
	Subsection (b) and subject to Subsection (d), a community provider
	otherwise eligible to contract with a school district under
	Subsection (a) may contract with a district if:
	(1)  the community provider meets quality criteria
	adopted by the district that are:
	(A)  based on the best available peer-reviewed
	research; and
	(B)  made available to the public in a timely
	manner; and
	(2)  the commissioner approves the arrangement.
	(d)  A community provider contracting with a school district
	as provided by Subsection (c) must meet the requirements for
	eligibility provided by Subsection (b) not later than the first
	anniversary of the date the contract was executed.
	Sec. 29.168.  WRITTEN CONTRACT REQUIRED. A school district
	and a community provider contracting under this subchapter shall
	enter a written contract governing the services to be provided by
	the community provider. The contract may provide for, but is not
	limited to, the following types of partnerships:
	(1)  the school district leases school facilities to or
	from the community provider;
	(2)  the school district employs a certified teacher
	for the prekindergarten class and the community provider supplies
	the school facilities and all other personnel and supplies; or
	(3)  the community provider supplies the school
	facilities, certified teachers, personnel, and supplies.
	Sec. 29.169.  FUNDING TO COMMUNITY PROVIDER. (a)  Except as
	provided by Subsection (b), the amount of reimbursement provided by
	a school district to a community provider is negotiable between the
	district and the community provider based on the services provided.
	(b)  For each school district prekindergarten student in
	attendance in an enhanced program class provided by a community
	provider in which the community provider supplies the school
	facilities, certified teachers, personnel, and supplies, a school
	district shall reimburse the community provider in an amount not
	less than the sum of:
	(1)  the amount of the district's adjusted basic
	allotment, as determined under Section 42.102 or 42.103, as
	applicable, multiplied by 1.0; and
	(2)  the amount of any additional funding received by
	the district for the student under Subchapter C, Chapter 42.
	(c)  Funding provided under this section does not affect a
	community provider's eligibility to receive any other local, state,
	or federal funds to provide before-school, after-school, and summer
	child care.
	Sec. 29.170.  DISCRIMINATION BY COMMUNITY PROVIDER
	PROHIBITED.  A community provider may not deny enhanced program
	services to a student on the basis of the student's race, religion,
	sex, ethnicity, national origin, or disability.
	Sec. 29.171.  ANNUAL ENHANCED PROGRAM REPORT. A school
	district operating an enhanced program shall provide an annual
	report to the agency not later than August 1 of each year. The
	report must include:
	(1)  the percentage of the grant funds provided under
	this subchapter used by the district to contract with community
	providers; and
	(2)  data components, approved by the commissioner,
	that illustrate acquisition of knowledge and skills consistent with
	the prekindergarten guidelines established by the agency and
	student-level progress towards school readiness.
	Sec. 29.172.  DUTIES OF COMMISSIONER. The commissioner
	shall:
	(1)  require regional education service centers to
	assist:
	(A)  school districts in:
	(i)  informing parents of prekindergarten
	options;
	(ii)  identifying eligible community
	providers and maintaining an updated list of eligible community
	providers; and
	(iii)  creating standardized forms and
	processes for outreach to and contracts with community providers
	for use when considering community partnerships;
	(B)  community providers in establishing
	contracts with school districts under this subchapter; and
	(C)  community providers who are not eligible to
	contract with a school district under this subchapter by providing
	information regarding eligibility to contract with a school
	district; and
	(2)  encourage regional education service centers and
	school districts to use locally available child care resources and
	referral services.
	Sec. 29.173.  STATE FUNDING; GRANT AMOUNT. (a) From funds
	appropriated for the purposes of this subchapter the commissioner
	shall award grants as provided by this subchapter.
	(b)  The commissioner, in accordance with this subsection,
	shall determine the amount of each grant awarded under this
	subchapter. A grant must provide an amount of funding for each
	student in the program equal to 70 percent of the statewide average
	funding provided per student to an open-enrollment charter school
	under Section 12.106, including all adjustments used in computing
	per-student funding under that section.
	(c)  Funding provided for each program student through a
	grant under this subchapter is in addition to funding otherwise
	provided for the student under Chapter 42.
	Sec. 29.174.  RULES. The commissioner may adopt rules
	necessary to implement this subchapter.
	Sec. 29.175.  PROHIBITION ON USE OF FUNDS FOR VOUCHERS.
	Funds provided for the operation of the enhanced program through a
	grant awarded under this subchapter must be paid directly to a
	public school district or open-enrollment charter school.  It is
	the intent of the legislature that this requirement is absolute and
	that the terms of this requirement be broadly construed so as to
	prevent the use of public funds for any program having the same
	effect as a voucher program. This section does not prohibit the use
	of state funding by a school district or open-enrollment charter
	school under a contract entered into by the district or school
	before January 1, 2009, under a law in effect at the time the
	contract was approved, if state funds are paid directly to the
	district or school.
	Sec. 29.176.  ENHANCED PROGRAM EVALUATION. (a)  Using
	information provided to the agency under Section 29.171 and using
	funds available for that purpose, in an amount not to exceed
	$150,000 each fiscal year, the commissioner shall contract for an
	evaluation of the effectiveness of the enhanced program in
	promoting student achievement and school readiness.
	(b)  Not later than December 1, 2012, the commissioner shall
	deliver an interim report to the legislature containing the
	preliminary results of the evaluation.
	(c)  Not later than December 1, 2016, the commissioner shall
	deliver to the legislature a final report regarding the program.
	(d)  This section expires December 1, 2016.
	SECTION 5.  This Act applies beginning with the 2009-2010
	school year.
	SECTION 6.  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, 2009.