HB5614 - Relating to providing free full-day prekindergarten for certain children.

      By: Bhojani H.B. No. 5614       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.  Section 28.02124(a), Education Code, is amended   to read as follows:          (a)  Subject to Subsection (c), a parent or guardian may   elect for a student to:                (1)  repeat prekindergarten;                (2)  enroll in prekindergarten, if the student would   have been eligible to enroll in prekindergarten during the previous   school year under Section 29.153 [ 29.153(b) ] and the student has   not yet enrolled in kindergarten;                (3)  repeat kindergarten;                (4)  enroll in kindergarten, if the student would have   been eligible to enroll in kindergarten in the previous school year   and has not yet enrolled in first grade; or                (5)  for grades one through eight, repeat the grade in   which the student was enrolled during the previous school year.          SECTION 2.  Sections 29.153(a-1), (c), (c-1), and (d),   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 are   [ eligible under Subsection (b) and are ] at least three [ four ] years   of age. [ A school district may offer prekindergarten classes if the   district identifies 15 or more eligible children who are at least   three years of age ]. A district may not charge tuition for a   prekindergarten class offered under this section.          (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.          (c-1)  A prekindergarten class under this section [ for   children who are least four years of age ] must comply with the   program standards required for high quality prekindergarten   programs under Subchapter E-1.          (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 ].          SECTION 3.  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 4.  Section 48.005(a), Education Code, is amended to   read as follows:          (a)  In this chapter, average daily attendance is:                (1)  the quotient of the sum of attendance for each day   of the minimum number of days of instruction as described under   Section 25.081(a) divided by the minimum number of days of   instruction;                (2)  for a district that operates under a flexible year   program under Section 29.0821, the quotient of the sum of   attendance for each actual day of instruction as permitted by   Section 29.0821(b)(1) divided by the number of actual days of   instruction as permitted by Section 29.0821(b)(1);                (3)  for a district that operates under a flexible   school day program under Section 29.0822, the average daily   attendance as calculated by the commissioner in accordance with   Sections 29.0822(d) and (d-1); or                (4)  for a district that operates [ a half-day program   or ] a full-day program under Section 29.153(c), [ one-half of ] the   average daily attendance calculated under Subdivision (1).          SECTION 5.  Sections 29.153(b), (e-1), and (f), Education   Code, are repealed.          SECTION 6.  This Act applies beginning with the 2025-2026   school year.          SECTION 7.  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.