HB 358

relating to providing free full-day prekindergarten for certain
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
(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
(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
(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
(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
(i) [(A)]  a peace officer under Section
(ii) [(B)]  a firefighter under Section
(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
(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[;
[(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
(a)  A school district may offer on a tuition basis or use
[(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
(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
(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
(5)  the class size and ratio of instructional staff to
students for each prekindergarten program class offered by the
(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
SECTION 4.  This Act applies beginning with the 2025-2026
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.