Zaffirini’s bill for free full-day prekindergarten

The text as introduced · 948 words

89R333 CXP-D

By: Zaffirini
S.B. No. 42

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. Sections 29.153(a-1), (b), (c), (d), and (f),

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 is [ are

eligible under Subsection (b) and are ] at least four years of age.

A school district may offer prekindergarten classes if the district

identifies 15 or more [ eligible ] children who are eligible under

Subsection (b)(1) [ at least three years of age ]. A district may not

charge tuition for a prekindergarten class offered under this

section.

(b) A child is eligible for enrollment in a prekindergarten

class under this section if the child is :

(1) at least three years of age and:

(A) [ (1) ] is unable to speak and comprehend the

English language;

(B) [ (2) ] is educationally disadvantaged;

(C) [ (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;

(D) [ (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;

(E) [ (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;

(F) [ (6) ] is or ever has been in:

(i) [ (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

(ii) [ (B) ] foster care in another state or

territory, if the child resides in this state; or

(G) [ (7) ] is the child of a person eligible for

the Star of Texas Award as:

(i) [ (A) ] a peace officer under Section

3106.002, Government Code;

(ii) [ (B) ] a firefighter under Section

3106.003, Government Code; or

(iii) [ (C) ] an emergency medical first

responder under Section 3106.004, Government Code ; or

(2) at least four years of age .

(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.

(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 ].

(f) A child who is eligible for enrollment in a

prekindergarten class under Subsection (b)(1)(D) or (E) [ (b)(4) or

(5) ] remains eligible for enrollment if the child's parent leaves

the armed forces, or is no longer on active duty, after the child

begins a prekindergarten class.

SECTION 2. 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 3. Section 29.1532(c), Education Code, is amended

to read as follows:

(c) A school district that offers prekindergarten classes

shall include the following information in the district's Public

Education Information Management System (PEIMS) report:

(1) demographic information, as determined by the

commissioner, on students enrolled in district and campus

prekindergarten classes, including the number of students who are

eligible for classes under Sections 29.153(b)(1) and (f) [ Section

29.153 ];

(2) the numbers of half-day and full-day

prekindergarten classes offered by the district and campus;

(3) the number of half-day prekindergarten classes for

which the district has received an exemption from full-day

operation under Section 29.153(d);

(4) the sources of funding for the prekindergarten

classes;

(5) the class size and ratio of instructional staff to

students for each prekindergarten program class offered by the

district and campus;

(6) if the district elects to administer an assessment

instrument under Section 29.169 to students enrolled in district

and campus prekindergarten program classes, a description and the

results of each type of assessment instrument; and

(7) curricula used in the district's prekindergarten

program classes.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.