82R615 EAH-D     By: Lozano H.B. No. 761       A BILL TO BE ENTITLED   AN ACT   relating to the availability of free prekindergarten programs in   public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 29.153(a-1), (b), and (f), Education   Code, are amended to read as follows:          (a-1)  A district shall offer prekindergarten classes if the   district identifies 15 or more children who 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 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 a homeless child, as defined by 42   U.S.C. Section 11434a, 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; or                      (F) [(6)]  is or ever has been in the   conservatorship of the Department of Family and Protective Services   following an adversary hearing held as provided by Section 262.201,   Family Code; or                (2)  at least four years of age.          (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 29.1532(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 prekindergarten   classes, including the number of students who are eligible for   classes under Section 29.153(b)(1) [29.153];                (2)  the numbers of half-day and full-day   prekindergarten classes offered by the district; and                (3)  the sources of funding for the prekindergarten   classes.          SECTION 3.  Section 29.153(d), Education Code, is repealed.          SECTION 4.  This Act applies beginning with the 2011-2012   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, 2011.