Simmons Bill Puts School Parental Leave On The State’s Tab

The text as introduced · 898 words

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.