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A BILL TO BE ENTITLED
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AN ACT
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relating to an enhanced quality full-day prekindergarten program |
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provided by public school districts in conjunction with community |
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providers. |
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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) satisfactory performance on assessment |
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instruments and to accelerated instruction under Section 28.0211; |
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(E) high school graduation under 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, 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, and G, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; and |
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(N) intensive programs of instruction under |
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Section 28.0213. |
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SECTION 2. Chapter 29, Education Code, is amended by adding |
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Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN PROGRAM |
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Sec. 29.164. DEFINITION. In this subchapter, "enhanced |
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program" or "program" means an enhanced quality full-day |
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prekindergarten program provided free of tuition or fees in |
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accordance with this subchapter. |
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Sec. 29.165. ENHANCED QUALITY FULL-DAY PREKINDERGARTEN |
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PROGRAM GRANTS. (a) From funds appropriated for that purpose, the |
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commissioner by rule shall establish a grant program under which |
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grants are awarded to school districts to implement an enhanced |
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quality full-day prekindergarten program for children eligible for |
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classes under Section 29.153. |
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(b) A school district may apply to the commissioner to |
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participate in the grant program. In awarding grants under this |
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subchapter for each school year, the commissioner shall give |
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priority in the order listed to the following school districts: |
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(1) school districts that receive grant funding from |
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the commissioner for early childhood education in a lesser amount |
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than the amount provided for that purpose during the preceding |
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school year; |
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(2) school districts that are not eligible to receive |
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any other existing early childhood grants awarded by the |
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commissioner; and |
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(3) school districts with a high percentage of |
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students who are educationally disadvantaged, as determined by the |
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commissioner. |
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(c) A school district may not enroll more than 22 students |
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in a program class and must maintain an average ratio in the program |
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of not less than one certified teacher or teacher's aide for each 11 |
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students. Each program class must have at least one certified |
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teacher. |
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(d) A certified teacher in the program must have a minimum |
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of nine semester credit hours of college education courses |
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emphasizing early childhood education. |
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1) In the event that a certified teacher as described |
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in (d) is unavailable, the community provider shall require a |
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certified teacher within 3 years of receiving grant funding from |
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the district under this subsection. During that time, the teacher |
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must have at minimum a Child Development Associate (CDA) |
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certification with at least 3 years experience in early childhood |
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education. |
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(e) A school district must select and implement a curriculum |
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for the program that includes the prekindergarten guidelines |
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established by the agency. |
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(f) 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. 29.166. CONTRACTS WITH COMMUNITY PROVIDERS REQUIRED. |
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(a) A school district that provides an enhanced program shall use |
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at least 20 percent of grant funds provided under this subchapter to |
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contract with one or more eligible community providers to provide |
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the program. |
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(b) The commissioner may waive the requirement under |
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Subsection (a) on an annual basis if a school district provides |
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documentation acceptable to the commissioner that: |
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(1) the area served by the district does not have a |
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sufficient number of eligible community providers; |
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(2) after a good faith effort, the school district did |
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not receive any applications or other indications of interest in |
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contracting with the district from eligible community providers; or |
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(3) after a good faith effort and for good cause, the |
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district and one or more eligible community providers interested in |
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contracting with the district were unable to reach an agreement. |
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(c) Not later than the 30th day after the date the |
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commissioner receives a request for a waiver under Subsection (b), |
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the commissioner shall send a written notice to the school district |
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and the affected community provider, if applicable, granting or |
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denying the request. A school district or community provider |
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affected by a decision of the commissioner under this subsection |
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may appeal the decision as provided by Section 7.057. |
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Sec. 29.167. ELIGIBLE COMMUNITY PROVIDERS. (a) To be |
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eligible to contract with a school district to provide an enhanced |
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program, a community provider must be center-based and licensed by |
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and in good standing with the Department of Family and Protective |
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Services. For purposes of this subsection, a community provider is |
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in good standing with the Department of Family and Protective |
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Services if the department has not taken an action against the |
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provider's license under Section 42.071, 42.072, or 42.078, Human |
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Resources Code, during the 12-month period preceding the date of a |
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contract with a school district. |
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(b) Except as provided by Subsection (c), an eligible |
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community provider must also meet one of the following criteria: |
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(1) the community provider must be certified through |
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the school readiness certification system established under |
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Section 29.161; |
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(2) the community provider must be a Texas Early |
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Education Model participant; |
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(3) the community provider must be a Texas Rising Star |
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Provider with a three-star certification or higher; or |
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(4) the community provider must be accredited by a |
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research-based, nationally recognized, and universally accessible |
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accreditation system approved by the agency that requires a |
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developmentally appropriate curriculum that includes math, |
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science, social studies, literacy, and social and emotional |
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components. |
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(c) Notwithstanding failure to satisfy the requirements of |
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Subsection (b) and subject to Subsection (d), a community provider |
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otherwise eligible to contract with a school district under |
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Subsection (a) may contract with a district if: |
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(1) the community provider meets quality criteria |
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adopted by the district that are: |
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(A) based on the best available peer-reviewed |
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research; and |
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(B) made available to the public in a timely |
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manner; and |
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(2) the commissioner approves the arrangement. |
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(d) A community provider contracting with a school district |
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as provided by Subsection (c) must meet the requirements for |
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eligibility provided by Subsection (b) not later than the first |
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anniversary of the date the contract was executed. |
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Sec. 29.168. WRITTEN CONTRACT REQUIRED. A school district |
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and a community provider contracting under this subchapter shall |
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enter a written contract governing the services to be provided by |
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the community provider. The contract may provide for, but is not |
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limited to, the following types of partnerships: |
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(1) the school district leases school facilities to or |
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from the community provider; |
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(2) the school district employs a certified teacher |
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for the prekindergarten class and the community provider supplies |
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the school facilities and all other personnel and supplies; or |
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(3) the community provider supplies the school |
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facilities, certified teachers, personnel, and supplies. |
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Sec. 29.169. FUNDING TO COMMUNITY PROVIDER. (a) Except as |
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provided by Subsection (b), the amount of reimbursement provided by |
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a school district to a community provider is negotiable between the |
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district and the community provider based on the services provided. |
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(b) For each school district prekindergarten student in |
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attendance in an enhanced program class provided by a community |
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provider in which the community provider supplies the school |
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facilities, certified teachers, personnel, and supplies, a school |
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district shall reimburse the community provider in an amount not |
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less than the sum of: |
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(1) the amount of the district's adjusted basic |
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allotment, as determined under Section 42.102 or 42.103, as |
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applicable, multiplied by 1.0; and |
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(2) the amount of any additional funding received by |
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the district for the student under Subchapter C, Chapter 42. |
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(c) Funding provided under this section does not affect a |
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community provider's eligibility to receive any other local, state, |
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or federal funds to provide before-school, after-school, and summer |
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child care. |
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Sec. 29.170. DISCRIMINATION BY COMMUNITY PROVIDER |
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PROHIBITED. A community provider may not deny enhanced program |
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services to a student on the basis of the student's race, religion, |
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sex, ethnicity, national origin, or disability. |
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Sec. 29.171. ANNUAL ENHANCED PROGRAM REPORT. A school |
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district operating an enhanced program shall provide an annual |
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report to the agency not later than August 1 of each year. The |
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report must include: |
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(1) the percentage of the grant funds provided under |
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this subchapter used by the district to contract with community |
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providers; and |
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(2) data components that illustrate acquisition of |
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knowledge and skills consistent with the prekindergarten |
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guidelines established by the agency. |
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Sec. 29.172. DUTIES OF COMMISSIONER. The commissioner |
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shall: |
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(1) require regional education service centers to |
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assist: |
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(A) school districts in: |
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(i) informing parents of prekindergarten |
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options; |
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(ii) identifying eligible community |
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providers and maintaining an updated list of eligible community |
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providers; and |
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(iii) creating standardized forms and |
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processes for outreach to and contracts with community providers |
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for use when considering community partnerships; |
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(B) community providers in establishing |
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contracts with school districts under this subchapter; and |
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(C) community providers who are not eligible to |
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contract with a school district under this subchapter by providing |
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information regarding eligibility to contract with a school |
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district; and |
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(2) encourage regional education service centers and |
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school districts to use locally available child care resources and |
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referral services. |
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Sec. 29.173. STATE FUNDING; GRANT AMOUNT. (a) From funds |
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appropriated for the purposes of this subchapter the commissioner |
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shall award grants as provided by this subchapter. |
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(b) The commissioner, in accordance with this subsection, |
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shall determine the amount of each grant awarded under this |
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subchapter. A grant must provide an amount of funding for each |
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student in the program equal to 70 percent of the statewide average |
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funding provided per student to an open-enrollment charter school |
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under Section 12.106, including all adjustments used in computing |
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per-student funding under that section. |
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(c) Funding provided for each program student through a |
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grant under this subchapter is in addition to funding otherwise |
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provided for the student under Chapter 42. |
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Sec. 29.174. RULES. The commissioner may adopt rules |
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necessary to implement this subchapter. |
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Sec. 29.175. PROHIBITION ON USE OF FUNDS FOR VOUCHERS. |
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Funds provided for the operation of the enhanced program through a |
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grant awarded under this subchapter must be paid directly to a |
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public school district or open-enrollment charter school. It is |
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the intent of the legislature that this requirement is absolute and |
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that the terms of this requirement be broadly construed so as to |
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prevent the use of public funds for any program having the same |
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effect as a voucher program. This section does not prohibit the use |
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of state funding by a school district or open-enrollment charter |
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school under a contract entered into by the district or school |
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before January 1, 2009, under a law in effect at the time the |
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contract was approved, if state funds are paid directly to the |
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district or school. |
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Sec. 29.176. ENHANCED PROGRAM EVALUATION. (a) Using |
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information provided to the agency under Section 29.171 and using |
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funds available for that purpose, in an amount not to exceed |
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$150,000 each fiscal year, the commissioner shall contract for an |
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evaluation of the effectiveness of the enhanced program in |
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promoting student achievement and school readiness. |
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(b) Not later than December 1, 2012, the commissioner shall |
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deliver an interim report to the legislature containing the |
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preliminary results of the evaluation. |
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(c) Not later than December 1, 2016, the commissioner shall |
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deliver to the legislature a final report regarding the program. |
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(d) This section expires December 1, 2016. |
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SECTION 3. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |