HB4704 - Relating to a public school paid parental leave policy, an allotment under the Foundation School Program for the cost of providing paid parental leave under that policy, and the eligibility of certain children for free prekindergarten programs.

  89R4141 RAL-D     By: Simmons H.B. No. 4704       A BILL TO BE ENTITLED   AN ACT   relating to a public school paid parental leave policy, an   allotment under the Foundation School Program for the cost of   providing paid parental leave under that policy, and the   eligibility of certain children for free prekindergarten programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 22, Education Code, is   amended by adding Section 22.0035 to read as follows:           Sec.   22.0035.     PAID PARENTAL LEAVE POLICY. (a) A school   district or open-enrollment charter school may adopt a paid   parental leave policy under which a full-time employee of the   district or school is entitled to paid parental leave following   the:                 (1)  birth of a child;                 (2)  birth of a child by the employee's spouse;                 (3)  birth of a child by a gestational surrogate; or                 (4)  adoption of a child.           (b)     If a school district or open-enrollment charter school   adopts a paid parental leave policy described by Subsection (a),   the policy:                 (1)  must provide:                       (A)     eight consecutive weeks of paid parental   leave for an employee who is the primary caregiver of the child; or                       (B)     four consecutive weeks of paid parental leave   for an employee who is the spouse of the primary caregiver of the   child;                 (2)  must require that:                       (A)     an employee be employed on a full-time basis   by the school district or open-enrollment charter school for at   least 12 months before becoming eligible for paid parental leave;                       (B)     an employee's eligibility for paid parental   leave expires on the six-month anniversary of the date of the   child's birth or placement with the employee; and                       (C)     an employee who has been granted paid   parental leave under the policy take the leave concurrently with   leave for which the employee is eligible under the federal Family   and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.); and                 (3)     may not require an employee to first use all   available and applicable paid vacation and sick leave before taking   paid parental leave under the policy.           (c)     Not later than November 1 of each even-numbered year,   the agency shall prepare and submit to the legislature a report on   paid parental leave provided under a policy adopted under this   section. The report must include:                 (1)     the number of employees who took paid parental   leave under the policy during the preceding two years,   disaggregated by school district and open-enrollment charter   school;                 (2)     the costs of providing paid parental leave under   the policy during the preceding two years;                 (3)     projections regarding future participation in and   costs of paid parental leave provided under the policy; and                 (4)     any recommendations for legislative or other   action.          SECTION 2.  Section 29.153(b), Education Code, is amended to   read as follows:          (b)  A child is eligible for enrollment in a prekindergarten   class under this section if the child is at least three years of age   and:                (1)  is unable to speak and comprehend the English   language;                (2)  is educationally disadvantaged;                (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;                (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;                (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;                (6)  is or ever has been in:                      (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                      (B)  foster care in another state or territory, if   the child resides in this state; [ or ]                (7)  is the child of a person eligible for the Star of   Texas Award as:                      (A)  a peace officer under Section 3106.002,   Government Code;                      (B)  a firefighter under Section 3106.003,   Government Code; or                      (C)  an emergency medical first responder under   Section 3106.004, Government Code ; or                 (8)     is the child of a person employed as a classroom   teacher at a public primary or secondary school in this state .          SECTION 3.  Subchapter D, Chapter 48, Education Code, is   amended by adding Section 48.157 to read as follows:           Sec.   48.157.     HEALTHY FAMILIES ALLOTMENT. For each employee   who received paid parental leave under a policy adopted under   Section 22.0035 during the preceding school year, a school district   is entitled to an annual allotment equal to the amount of the   employee's compensation for the period for which the employee   received paid parental leave under that policy.          SECTION 4.  Section 22.0035, Education Code, as added by   this Act, and Section 29.153(b), Education Code, as amended by this   Act, apply beginning with the 2025-2026 school year.          SECTION 5.  (a) Except as provided by Subsection (b) of this   section, 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.          (b)  Section 48.157, Education Code, as added by this Act,   takes effect September 1, 2025.