bill offering free full-day prekindergarten to three-year-olds

The text as introduced · 746 words

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.