HB2779 - Relating to the operation of free prekindergarten programs by certain school districts and to the early education allotment under the Foundation School Program.

  89R11466 GP-F     By: Dutton H.B. No. 2779       A BILL TO BE ENTITLED   AN ACT   relating to the operation of free prekindergarten programs by   certain school districts and to the early education allotment under   the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.153, Education Code, is amended by   adding Subsections (d-3), (d-4), and (d-5) to read as follows:           (d-3)     A school district shall contract with a   community-based child-care provider described by Subsection (g) to   provide a prekindergarten class required under this section if the   commissioner determines that:                 (1)     a district election for the purpose of issuing   bonds for the construction or repurposing of a classroom facility   to provide the prekindergarten class has failed in the 24 months   preceding the determination; or                 (2)     the district is unable to adequately staff the   prekindergarten class.           (d-4)     The commissioner may waive the requirement under   Subsection (d-3) if the commissioner determines that a   community-based child-care provider described by Subsection (g) is   not located in the boundaries of the district.           (d-5)     Notwithstanding any other provision of this chapter,   the commissioner shall interpret Subsection (d-3) to the broadest   extent possible to encourage partnerships between school districts   and community-based child-care providers described by Subsection   (g).          SECTION 2.  Section 48.108, Education Code, is amended by   adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as   follows:           (a-1)     In addition to the allotment under Subsection (a) and   subject to Subsection (a-2), a school district is entitled to an   annual allotment equal to the basic allotment multiplied by 0.2 for   each student in average daily attendance enrolled in a   prekindergarten class provided through a contract with a   community-based child-care provider under Section 29.153.           (a-2)     The total number of students in average daily   attendance statewide for whom an allotment may be provided under   Subsection (a-1) for a school year may not exceed 10,000 students in   average daily attendance. If the number of students in average   daily attendance for whom a school district is entitled to an   allotment under this section exceeds the maximum number provided by   this subsection, the commissioner shall allocate the allotments to   school districts under this section in accordance with commissioner   rule.           (a-3)     Notwithstanding Subsection (a-2), the maximum number   of students in average daily attendance statewide for whom an   allotment may be provided under Subsection (a-1) for a school year   is:                 (1)  for the 2026-2027 school year, 2,000 students;                 (2)  for the 2027-2028 school year, 4,500 students; and                 (3)  for the 2028-2029 school year, 7,000 students.           (a-4)     Subsection (a-3) and this subsection expire September   1, 2029.          SECTION 3.  Sections 29.153(d-3), (d-4), and (d-5),   Education Code, as added by this Act, apply beginning with the   2025-2026 school year.          SECTION 4.  (a) Except as provided by Subsection (b) of this   section:                (1)  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; and                (2)  if this Act does not receive the vote necessary for   immediate effect, this Act takes effect September 1, 2025.          (b)  Sections 48.108(a-1), (a-2), (a-3), and (a-4),   Education Code, as added by this Act, take effect September 1, 2026.