HB358 - Relating to providing free full-day prekindergarten for certain children.

  89R333 CXP-D     By: Bucy H.B. No. 358       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.  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   29.153 and are under four years of age; and                [ (2) ]  half-day and full-day prekindergarten classes   to children not eligible for classes under Section 29.153.          SECTION 3.  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 and campus   prekindergarten classes, including the number of students who are   eligible for classes under Sections 29.153(b)(1) and (f) [ Section   29.153 ];                (2)  the numbers of half-day and full-day   prekindergarten classes offered by the district and campus;                (3)  the number of half-day prekindergarten classes for   which the district has received an exemption from full-day   operation under Section 29.153(d);                (4)  the sources of funding for the prekindergarten   classes;                (5)  the class size and ratio of instructional staff to   students for each prekindergarten program class offered by the   district and campus;                (6)  if the district elects to administer an assessment   instrument under Section 29.169 to students enrolled in district   and campus prekindergarten program classes, a description and the   results of each type of assessment instrument; and                (7)  curricula used in the district's prekindergarten   program classes.          SECTION 4.  This Act applies beginning with the 2025-2026   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, 2025.