HB5086 - Relating to establishing a pilot program to increase the supply of child-care services and encourage employer partnerships to meet strategic workforce needs in certain regions of the state.

  89R8662 MM-F     By: Ordaz H.B. No. 5086       A BILL TO BE ENTITLED   AN ACT   relating to establishing a pilot program to increase the supply of   child-care services and encourage employer partnerships to meet   strategic workforce needs in certain regions of the state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 4, Labor Code, is amended by   adding Chapter 320 to read as follows:   CHAPTER   320.     CHILD-CARE INNOVATION PILOT PROGRAM           Sec. 320.001.  DEFINITIONS.  In this chapter:                 (1)     "Board" means a local workforce development board   created under Subchapter F, Chapter 2308, Government Code.                 (2)     "Program" means the child-care innovation pilot   program established under this chapter.                 (3)     "Provider" means a child-care provider who is   engaging with the program established under this chapter.           Sec.   320.002.     ESTABLISHMENT.   (a)   The commission shall   establish and administer the child-care innovation pilot program to   address strategic workforce needs of designated pilot regions   across the state by increasing the supply of quality, affordable   child care and encouraging child-care partnerships with employers.           (b)     The program shall enable boards designated by the   commission to partner with local employers and high-quality   providers to provide grants that will fund innovative child-care   expansion projects and employer partnerships that directly impact   strategic local workforce needs.           Sec.   320.003.     ADMINISTRATION.   The commission shall by rule   adopt a process for selecting each pilot region in which the program   will be administered by the local board, including a competitive   application process.             Sec.   320.004.     APPLICATION; STRATEGIC PLAN.   (a)   A board   applying to participate in the program shall submit:                 (1)  a strategic plan proposing:                       (A)     measurable performance goals and progress   measures related to increasing the supply and accessibility of   quality, affordable child-care services;                       (B)     plans for engaging regional stakeholders,   including local employers, business associations, and   organizations that provide services to children and families, to   develop and meet regional performance goals that are based on   strategic workforce needs;                       (C)     the number of providers to whom the board   plans to award grants;                       (D)     staffing structures to support the effective   implementation of the program, including technical assistance for   child-care providers; and                       (E)     plans to maximize the results of the program   and support the future sustainability of child-care providers   participating in the program if state funding is not continued; and                 (2)     the total amount of money requested to implement   the board's strategic plan.           (b)     A board may apply for the program under more than one   population category described by Section 320.005(a) but may only be   approved for participation based on one category.             Sec.   320.005.     SELECTION; CRITERIA.   (a)   The commission   shall select not more than six boards to participate in the program   and ensure that the program is implemented in communities that   represent at least one of each of the following population sizes:                 (1)  a region with a population of more than 50,000;                 (2)     a region with a population of more than 10,000 and   less than 50,000; and                 (3)  a region with a population of less than 10,000.           (b)     In selecting the boards to participate in the program,   the commission shall consider:                 (1)     the board's ability to demonstrate an unmet, local   workforce need for:                       (A)     child-care services in specific geographic   regions;                       (B)     child-care services for specific   populations, including infant care, toddler care, nontraditional   hours care, or care for students with disabilities; or                         (C)     child-care services described by Paragraphs   (A) and (B);                 (2)     whether the board has broad regional support from   diverse stakeholders, including private sector employers,   child-care providers, local governments, and parents to   participate in the program;                 (3)     the board's ability to leverage local funding or   partnerships to supplement state resources; and                 (4)     the strength of the board's proposed strategic   plan, as described by Section 320.004.             Sec.   320.006.     AGREEMENTS WITH PARTICIPATING BOARDS. The   commission shall develop and enter into a performance agreement   with each board selected to participate in the program. Each board   shall comply with the terms of the performance agreement during its   participation in the program. The performance agreement must:                 (1)     include measurable performance goals and progress   measures that are:                       (A)     related to increasing the supply and   accessibility of quality, affordable child-care services in the   pilot region; and                       (B)  aligned to the board's strategic plan; and                 (2)     allocate responsibilities for accessing and   reporting progress and outcome information.           Sec.   320.007.     ALLOCATION OF FUNDS.   From the funds   appropriated to the commission for the program, the commission   shall award an amount of money to each board participating in the   program. In determining the allocation of money, the commission   shall consider:                 (1)  the size and population of the pilot region;                 (2)     the unmet child-care needs in the region and the   proposed funding required to address the needs;                 (3)     the proposed number of eligible providers in each   region to whom the board intends to award grants;                 (4)     the budget requested in the board's proposed   strategic plan under Section 320.004(a)(2); and                 (5)  other factors determined by the commission.           Sec.   320.008.     GRANTS.   (a)   From funds awarded to a board   participating in the program, the board, after conducting a   competitive selection process, shall award grants to eligible   providers that enter into a grant contract with the board to expand   quality, affordable child-care services in accordance with the   region's strategic workforce needs and the board's approved   strategic plan.           (b)     In awarding a grant under the program, a board shall   give preference to an eligible provider that demonstrates capacity   to:                 (1)     provide high-demand child-care services   identified by the board; and                 (2)  partner with one or more local employers.           Sec.   320.009.     PROVIDER ELIGIBILITY.   (a)   To be eligible to   receive a grant under the program, a child-care provider must:                 (1)     be a Texas Rising Star Program provider with a   three-star rating or higher;                 (2)     be accredited by the National Association for the   Education of Young Children;                 (3)     have an accreditation from a Montessori   accreditation organization; or                 (4)     meet an alternative quality criterion or waiver   prescribed by the commission.           (b)     In consultation with local employers and other regional   stakeholders, the board shall develop a competitive application and   scoring process for eligible providers to apply for a grant under   the program to meet the goals in the board's approved strategic plan   under Section 320.004.           (c)     A board shall develop and enter into a grant contract   with each eligible provider awarded a grant under the program. Each   eligible provider awarded a grant shall comply with the terms of the   grant contract. At a minimum, grant contracts must require eligible   providers to:                 (1)     maintain the ability to enroll the required number   of children within each designated service area outlined in the   board's grant contract;                 (2)     ensure all educators employed by the provider earn   a minimum wage that is equal to or above the self-sufficient wage   required by Section 2308A.012, Government Code, in the county in   which the provider is located;                 (3)     maintain participation in the child-care services   program administered by the commission and accept participating   students as openings become available;                 (4)     maintain tuition rates at the provider's posted   rate or at a rate lower than the posted rate for families who do not   receive subsidized child-care services;                 (5)     maintain all eligibility requirements of the   program;                 (6)     provide regular reports demonstrating compliance   with the board's grant contract; and                 (7)     provide any additional data requested by the   board.           Sec.   320.010.     SUBCONTRACTING.   (a)   In accordance with   Section 2308.264(e), Government Code, a board may subcontract with   a coordinating entity to administer the program.           (b)     The commission may adopt rules establishing   requirements for a coordinating entity with which a board   subcontracts under this section.           Sec. & [Text truncated for display. 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