Dutton Bill Makes Districts Contract Out Pre-K After Failed Bonds

The text as introduced · 529 words

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.