State Preschool Program

Overview

Texas established a prekindergarten program in 1984 to serve children at risk of academic failure.  Children qualify for the program if they are eligible for the federal free or reduced-price lunch program, are not able to speak and understand the English language, or are experiencing homelessness. Children of active duty members of the armed forces are also eligible, as well as children in foster care. A district must offer prekindergarten classes if it has at least 15 eligible four-year-olds and has not obtained a waiver due to a lack of classroom facilities.  A district may offer prekindergarten classes if it has at least 15 eligible three-year-olds.  The state funds a half-day prekindergarten program through the school aid formula; it also funds grants to expand programs to a full day. In 2006-2007, about 188,000 three- and four-year-olds were served, using $512 million in state funds.

According to the National Institute for Early Education Research, Texas served 44% of all four-year-olds in its prekindergarten program during the 2005-2006 school year (down 2% from the prior year), ranking fifth in the nation on access to a state preschool program.

State Policy

In his 2007 State of the State address, Governor Perry recognized that the best time to rectify educational achievement gaps is during the “earliest learning years.” Texas has remained committed to funding its at-risk preschool program for the past twenty-three years.

Eligibility Criteria

Children are eligible to participate in Texas's prekindergarten program if they are three or four years old and educationally disadvantaged, unable to speak and comprehend English, or homeless.  In 2006, eligibility was also extended to any three- or four-year-old child with a parent on active duty with the U.S. armed forces, reserve forces, or the National Guard, or whose parent was killed or injured while serving on active duty. In 2007, the state added eligibility for abused and neglected children in the foster care system. A district may use districts funds or charge tuition in order to serve children who do not meet the criteria for eligibility.

Program Length/Duration

Basic funding for Texas's prekindergarten program is for half-day services , defined as a minimum of three hours per day.  Expansion grants enable some districts to offer full day services, defined as at least seven hours per day.  A district may also use district funds or charge tuition in order to provide full-day services.

A district may not charge tuition for prekindergarten services to eligible children, but may charge those who do not meet the eligibility criteria.  Funding for prekindergarten services is provided through regular school funding (the Foundation School Program).  In addition, the commissioner awards grants to some districts (primarily those with low third-grade reading scores) to implement or expand prekindergarten programs.   

In a statewide survey of quality standards, the National Institute for Early Education Research (NIEER) gave Texas's program standards a low rating of 4 out of 10 because there is no maximum class size, no limit on the staff-child ratio and no requirement that assistant teachers meet the NIEER benchmark of a CDA credential or equivalent degree. Although vision and hearing screening and referral are required, there is no health screening requirement in Texas. School districts are not required to provide meals to prekindergarten program attendees, and the state does not require site visits to monitor the programs. Districts are encouraged, however, not to exceed the 22:1 child-staff ratio required for kindergarten through fourth grade. Teachers in public schools must obtain a bachelor's degree and a teacher certificate for the Generalist: EC-4 category (Early Childhood-Grade 4) or, beginning in 2008, the Generalist: EC-6 category (Early Childhood-Grade 6). Public and private child care programs providing prekindergarten under a contract with a public school district are only required to meet state child care licensing standards, which do not mandate certified teachers and early childhood endorsement.

Texas has adopted comprehensive prekindergarten curriculum guidelines , which provide skills and concepts that three- and four-year-old children should know in each subject area delineated in the kindergarten Texas Essential Knowledge and Skills. The pre-k guidelines meet NIEER’s benchmark for comprehensive early learning standards.

In 2005, the Legislature authorized the development of a voluntary school readiness certification system to certify the effectiveness of various public and private early childhood programs in preparing children for kindergarten.

Texas funds school districts to provide prekindergarten through the school funding formula. School districts are encouraged to coordinate with Head Start or other childcare programs and to share existing space, if possible. School districts that contract with private entities to provide preschool must ensure that such entities comply at a minimum with childcare licensing standards.

In 2005, legislation was enacted authorizing the provision of incentives for demonstration projects focusing on coordination of resources and integration of services among providers of services to preschool children.

Requirements for Student Assessment and Program Evaluation

Texas has no mandated assessment process for prekindergarten students.  The Texas Education Agency does however publish a self-assessment tool that coordinates with the recommended prekindergarten curriculum guidelines.  Districts are required to provide some information regarding their prekindergarten programs through the regular reporting system and the commissioner is required to monitor and evaluate prekindergarten programs. 

Education Clause in State Constitution

Recognizing that a "general diffusion of knowledge" is an "essential" right, the education clause of Texas's state constitution requires the legislature to "establish and make suitable provision for the support and maintenance of an efficient system of public free schools."

Summary of Case Law on School Finance System

Texas courts have never deemed education to be a fundamental right.  Nevertheless, the Texas Supreme Court has held twice in Edgewood Independent School District v. Kirby (Edgewood I and II) that Texas's school finance system violated the constitutional requirement that the legislature maintain an "efficient" system of public schools.  Although the Court has declined to define an "efficient" system, it made clear in Edgewood IV that efficiency requires "substantially equal access to funding" so that the legislature can provide an accredited education, but does not require equality of access to revenue. 

In its November 2005 decision in West Orange-Cove II, the Texas Supreme Court held that the school finance system met state constitutional requirements of adequacy, efficiency, and suitability, despite its recognition of the existence of glaring funding inequities, substandard facilities, and other educational shortcomings. The Court acknowledged that the school finance system displayed deficiencies that could in time render it unconstitutional under the constitutional standards.

The Court in West Orange-Cove II did, however, find that the school finance laws violated the constitutional prohibition against a state property tax, and gave the legislature until June 1, 2006, to cure that constitutional defect in the school funding formula.

Summary of Case Law on Preschool

No cases have addressed preschool.

Texas Const. art. 7, § 1

A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In Kirby v. Edgewood Independent School District, the Court of Appeals of Texas held that "the district court [had] erred in concluding that education is a 'fundamental' right."  761 S.W.2d 859, 864 (Tex. Ct. App. 1988).  The appellate court decision was appealed to the Supreme Court of Texas, which found that the school finance system was unconstitutional, but never reached the question of whether education was a fundamental right under the Texas Constitution.  Edgewood Indep. Sch. Dist. v. Kirby, 777 S.W.2d 391 (1989) (Edgewood I).

School Finance Cases in Favor of Plaintiffs:

Edgewood Independent School District v. Kirby, 777 S.W.2d 391, 397 (1989) (Edgewood I)

The Texas Supreme Court held unconstitutional the state's school financing system, under which forty-two percent of revenues came from districts in which the value of property was approximately 700 times greater than that of the poorest districts, and where district spending per student varied from $2,112 to $19,333.  The Court found that this system violated the state constitutional requirement that an "efficient" system of public schools be created so as to provide for "general diffusion of knowledge."  The Court set forth the standard by which all subsequent legislation would be measured:  districts must have "substantially equal access to similar revenues per pupil at similar levels of tax effort."   

Edgewood Independent School District v. Kirby, 804 S.W.2d 491, 495 (1991) (Edgewood II)

In Edgewood II, the Supreme Court of Texas reviewed the school funding system enacted by the state legislature in response to Edgewood I. The Court found that the new system left the same gaps between high-wealth and low-wealth school districts as the system struck down in Edgewood I, without any attempt to equalize access to funds among districts, and again found the school finance system unconstitutional. 

Standard for a Constitutionally Adequate Education:

Edgewood Independent School District v. Meno, 917 S.W.2d 717 (1995)  (Edgewood IV)

The Supreme Court of Texas held that the legislature met its obligation to provide a constitutional education by equating a "general diffusion of knowledge" with the provision of an accredited education.  Edgewood Indep. Sch. Dist. v. Meno, 917 S.W.2d at 730.  The Court declined to "prescribe the structure for an 'efficient system of public free schools,'" stating that the duty belongs to the legislature, but held that "if the cost of providing a general diffusion of knowledge rises to the point that a district cannot meet its operations and facilities needs within the equalized program, the State will, at that time, have abdicated its constitutional duty to provide an efficient school system."  Id. at 747-48.

Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (2005)

The Supreme Court of Texas has held that an adequate public education system is one that is "reasonably able to provide" students the educational access and opportunity described in state statutes: Texas children must be provided "access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation" and "a meaningful opportunity to acquire the essential knowledge and skills reflected in ... curriculum requirements ... such that upon graduation, students are prepared to ‘continue to learn in postsecondary educational, training, or employment settings.’"

In applying this standard, however, the Court held that the educational funding system did not violate the constitutional requirements of adequacy, efficiency, and suitability, even while acknowledging that:

• School districts "struggling to teach an increasingly demanding curriculum to a population with a growing number of disadvantaged students" lack additional funding;
• "There are wide gaps in performance among student groups differentiated by race, proficiency in English, and economic advantage";
• "There is substantial evidence … that the public education system has reached the point where continued improvement will not be possible absent significant change";
• "The rate of students meeting college preparedness standards is very low";
• "Non-completion and dropout rates are high"; and
• Deficiencies in the school finance system could, in time, "expose the system to constitutional challenge".

School Finance Cases against Plaintiffs:

Carrollton-Farmers Branch Independent School District v. Edgewood Independent School District, 826 S.W.2d 489, 493 (1992) (Edgewood III)

Suit was brought by property-rich districts challenging the constitutionality of the state's new school finance system on different grounds than those raised in Edgewood I and II; namely, that the levying of an ad valorem tax and the creation of county education districts violated other provisions of the constitution.  The Supreme Court of Texas held that the new school finance system imposed an unconstitutional state property tax, but made clear that it did not withdraw from the holdings in Edgewood I and II.

Edgewood Independent School District v. Meno, 917 S.W.2d 717, 730 (1995)  (Edgewood IV)

The Supreme Court of Texas upheld the state's newest effort to reform the education finance system, finding that the system established by the school finance legislation was financially efficient, defined as "substantially equal access to funding up to the legislatively defined level that achieves the constitutional mandate of a general diffusion of knowledge."  The Court further held that an efficient system does not require equality of access to revenue at all levels.

Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (2005) (West Orange-Cove II)

Plaintiffs and intervenors—representing 329 school districts, both property rich and low-wealth districts—challenged the constitutionality of the Texas school finance system, alleging that the State had failed to adequately fund public education, forcing some districts to cut academic and extracurricular programs, eliminate teaching positions, and increase class size. They also claimed that the provision of the education finance laws that controls local tax rates violated the State constitutional prohibition against a State property tax.

The Supreme Court of Texas agreed that the state’s system of funding education through a local ad valorem property tax violated the state’s constitutional prohibition against a state property tax, because a cap on local tax rates effectively robbed districts from any "meaningful discretion to tax below maximum rates and still provide an accredited education." The Court gave the Legislature until June 1, 2006, to cure this constitutional deficiency.

The Court also acknowledged gross inequities, such as the lack of additional funding for districts "struggling to teach an increasingly demanding curriculum to a population with a growing number of disadvantaged students," and the "wide gaps in performance among student groups differentiated by race, proficiency in English, and economic advantage." The Court took note of "substantial evidence … that the public education system has reached the point where continued improvement will not be possible absent significant change," and recognized that deficiencies in the school finance system could, in time, "expose the system to constitutional challenge." Nevertheless, in spite of this plain and consistent evidence of substantial shortcomings in Texas public schools, the Court ultimately held, as in Edgewood IV (1995), that the educational funding system did not violate the constitutional requirements of adequacy, efficiency, and suitability.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.  The Texas Supreme Court has held repeatedly that suitability under the education article of the state constitution is a justiciable issue.  See, e.g., Edgewood Indep. Sch. Dist. v. Kirby, 777 S.W.2d 391, 394 (1989) ("[W]e have not been unmindful of the magnitude of the principles involved, and the respect due to the popular branch of the government . . . Fortunately, however, for the people, the function of the judiciary in deciding constitutional questions is not one which it is at liberty to decline . . . [We] cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution; [we] cannot pass it by because it is doubtful; with whatever doubt, with whatever difficulties a case may be attended, [we] must decide it, when it arises in judgment."); Edgewood Indep. Sch. Dist. v. Meno, 917 S.W.2d 717, 735-36 (1995) ("In Edgewood I, we reaffirmed that the requirement of suitability is a judicially-enforceable mandate:  By express constitutional mandate, the legislature must make 'suitable' provision for an 'efficient system' for the 'essential' purpose of a 'general diffusion of knowledge.'  While these are admittedly not precise terms, they do provide a standard by which this court must, when called upon to do so, measure the constitutionality of the legislature's actions . . . If the system is not 'efficient' or not 'suitable,' the legislature has not discharged its constitutional duty and it is our duty to say so.").

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

Statutes, Regulations and Guidance Documents on State Preschool Program

Texas Education Code (T.E.C.) § 29.153 et seq., Free Prekindergarten for Certain Children

See also:

Texas Education Agency, Division of Curriculum, Frequently Asked Questions and Answers: Prekindergarten

Prekindergarten: Curriculum Guidelines

School Readiness Integration Plan, Prekindergarten Grant Program, Grant Year: 2007-08

Provisions Expressing State Policy on Preschool:

Gov. Rick Perry, State of the State Address 2007

… But we still have achievement gaps, and the best place to rectify those gaps is during the earliest learning years.

That's why my budget invests an additional $80 million to expand the "Early Start" pre-K program that uses pioneering techniques to improve learning among our youngest at-risk students.

Eligibility Criteria for State Preschool Program:

T.E.C. § 29.153(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 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;
• (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; or
• (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. 

T.E.C. § 29.153(e): Each school district shall develop a system to notify the population in the district with children who are eligible for enrollment in a prekindergarten class under this section of the availability of the class. The system must include public notices issued in English and Spanish.

T.E.C. § 29.153(f): A child who is eligible for enrollment in a prekindergarten class under Subsection (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.

T.E.C. § 5.001(4): "Educationally disadvantaged," means eligible to participate in the national free or reduced-price lunch program established under 42 U.S.C.S. § 1751 et seq.  

42 U.S.C. § 11434a(2)

The term “homeless children and youths”—

(A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 11302 (a)(1) of this title); and

(B) includes—

(i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

(ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 11302 (a)(2)(C) of this title);

(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv) migratory children (as such term is defined in section 6399 of title 20) who qualify as homeless for the purposes of this part because the children are living in circumstances described in clauses (i) through (iii).

Program Length/Duration:

T.E.C. § 29.153(c): A prekindergarten class under this section shall be operated on a half-day basis.  ...

T.E.C. § 29.1531

(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 eligible for classes under Section 29.153: and

(2) half-day and full-day prekindergarten classes to children not eligible for classes under Section 29.153.

T.E.C. § 29.155(a): . . .[T]he commissioner may make grants to school districts . . . to implement or expand . . . prekindergarten programs by:

(1) operating an existing half-day kindergarten or prekindergarten program on a full-day basis . . . .

T.E.C. § 25.082(a): A school day shall be at least seven hours each day, including intermissions and recesses . . . .

Note: A half-day program is a minimum of three hours.  See Texas Education Agency, Division of Curriculum, Frequently Asked Questions and Answers: Prekindergarten (Question #12). 

Scope of State’s Responsibility to Provide Preschool:

T.E.C. § 29.153(a): 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. 

T.E.C. § 29.153(d): On application of a district, the commissioner may exempt a district from the application of this section if the district would be required to construct classroom facilities in order to provide prekindergarten classes.

T.E.C. § 29.1531(a): A school district may offer on a tuition basis or use district funds to provide:

. . . (2) half-day and full-day prekindergarten classes to children not eligible for classes under Section 29.153.

Scope of State's Responsibility to Fund Preschool:

T.E.C. § 29.153(a): . . . A district may not charge tuition for a prekindergarten class offered under this section. 

T.E.C. § 29.1531

(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 eligible for classes under Section 29.153; and

(2) half-day and full-day prekindergarten classes to children not eligible for classes under Section 29.153.

(b) A district that offers a prekindergarten program on a tuition basis:

(1) may not adopt a tuition rate for the program that is higher than necessary to cover the added costs of providing the program, including any costs associated with collecting, reporting, and analyzing data under Section 29.1532(c); and

(2) must submit the proposed tuition rate to the commissioner for approval. 

Source of Funding for Preschool Program:

T.E.C. § 42.003 Student Eligibility

(a) A student is entitled to the benefits of the Foundation School Program if the student is 5 years of age or older and under 21 years of age on September 1 of the school year and has not graduated from high school.

(b) A student to whom Subsection (a) does not apply is entitled to the benefits of the Foundation School Program if the student is enrolled in prekindergarten class under Section 29.153.

T.E.C. § 25.001(a): Any . . . person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.

T.E.C. § 29.155

(a) From amounts appropriated for the purposes of this section, the commissioner may make grants to school districts . . . to implement or expand . . . prekindergarten programs by:

(1) operating an existing half-day kindergarten or prekindergarten program on a full-day basis; or

(2) implementing a prekindergarten program at a campus that does not have a prekindergarten program.

(b) A school district . . . may use funds received under this section to employ teachers and other personnel for a kindergarten or prekindergarten program and acquire curriculum materials or equipment, including computers, for use in kindergarten and prekindergarten programs.

(c) To be eligible for a grant under this section, a school district . . . must apply to the commissioner in the manner and within the time prescribed by the commissioner.

(d) In awarding grants under this section, the commissioner shall give priority to districts . . . in which the level of performance of students on the assessment instruments administered under Section 39.023 to students in grade three is substantially below the average level of performance on those assessment instruments for all school districts in the state.

. . . (f) Notwithstanding Section 7.056(e)(3)(I), the commissioner may waive a requirement prescribed by this subchapter to the extent necessary to implement a grant awarded under this section or Section 29.156.

(g) From amounts appropriated for the purposes of this subsection, the commissioner may also provide for:

(1) coordinating early childhood care and education programs;

(2) developing and disseminating for programs described by Subdivision (1) prekindergarten instructional materials and school-readiness information for parents; and

(3) developing standards for model early childhood care and education coordination.

(h) The model program standards developed under Subsection (g) must focus on pre-literacy skills, including language acquisition, vocabulary development, and phonological awareness.

(i) In carrying out the purposes of Subsection (g), a school district . . . may use funds granted to the district or school under this subsection in contracting with another entity, including a private entity.

(j) If a school district . . . returns to the commissioner funds granted under this section, the commissioner may grant those funds to another entity, including a private entity, for the purposes of Subsection (g).

T.E.C. § 29.157

. . . (c) A public school operating a prekindergarten program, or an eligible entity as defined by Section 12.101(a) that provides a preschool instruction program and that meets qualifications prescribed by the commissioner, is eligible to apply for a [Ready to Read] grant if at least 75 percent of the children enrolled in the program are low-income students, as determined by rule of the commissioner.

(d) As a condition to receiving a grant, an applicant must commit public or private funds matching the grant in a percentage set by the commissioner. The commissioner shall determine the required percentage of matching funds based on the demonstrated economic capacity of the community served by the program to raise funds for the purpose of matching the grant, as determined by the commissioner. Matching funds must equal at least 30 percent, but not more than 75 percent, of the amount of the grant.

Note:  Prekindergarten programs also receive funds through Title I and local tax revenue.  See Ready for Success: Expanding Effective Early Childhood Education: Texas Case Study at 7.

Scope of Child's Right to Attend Preschool:

T.E.C. § 29.153(a): 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 . . . .

T.E.C. § 29.153(d): On application of a district, the commissioner may exempt a district from the application of this section if the district would be required to construct classroom facilities in order to provide prekindergarten classes.

T.E.C. § 25.085(c): On enrollment in prekindergarten or kindergarten, a child shall attend school.

Curriculum Content Standards for Preschool Program:

T.E.C. § 29.1532(a): A school district's prekindergarten program shall be designed to develop skills necessary for success in the regular public school curriculum, including language, mathematics and social skills.

T.E.C. § 29.155(h): The model program standards developed under Subsection (g) must focus on pre-literacy skills, including language acquisition, vocabulary development, and phonological awareness.

Teacher Certification/Qualification Standards for Preschool Program:

T.E.C. § 21.003(a): A person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by Subchapter B.

T.E.C. § 21.050(b): The board may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate.  The board shall provide for a minimum number of semester credit hours of internship to be included in the hours needed for certification.  The board may propose rules requiring additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education.  (emphasis added). 

19 T.A.C. § 230.191(c)(2): . . . In accordance with the Texas Education Code (TEC) §21.050(b), additional semester hours in education are permissible for certification in bilingual education, English as a second language, early childhood education, and special education . . . .

19 T.A.C. § 233.2

(a) Generalist: Early Childhood-Grade 4. …The holder of the Generalist: EC-4 certificate may teach the following content areas in a pre-kindergarten program, in kindergarten, and in Grades 1 through 4:

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science;

(8) Social Studies.

…(c) Generalist: Early Childhood-Grade 6. The Generalist: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2008. The holder of the Generalist: Early Childhood-Grade 6 certificate may teach the following content areas in a prekindergarten program, in kindergarten, and in Grades 1-6:

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science; and

(8) Social Studies.

Other Quality Standards for Preschool Program:

T.E.C § 29.153(c): . . . A district is not required to provide transportation for a prekindergarten class . . . . 

Note:  As a result of a bill passed in 1995, the State Board of Education does not have rule making authority to adopt rules relating to student/teacher ratios in prekindergarten programs.  However, school districts are encouraged to maintain student/teacher ratios that do not exceed the 22:1 ratio required for kindergarten through fourth grade.  See Texas Education Agency, Division of Curriculum, Frequently Asked Questions and Answers: Prekindergarten (Question #27).

T.E.C. §29.161. School Readiness Certification System

(a) The State Center for Early Childhood Development, in conjunction with the P-16 Council established under Section 61.077, shall develop and adopt a school readiness certification system for use in certifying the effectiveness of prekindergarten programs, Head Start and Early Head Start programs, government-subsidized child-care programs provided by nonprofit or for-profit entities, government-subsidized faith-based child-care programs, and other government-subsidized child-care programs in preparing children for kindergarten. The system shall be made available on a voluntary basis to program providers seeking to obtain certification as evidence of the quality of the program provided.

(b) In developing and adopting the system, the center shall seek the active participation of all interested stakeholders, including parents and program providers.

(c) The system must:

(1) be reflective of research in the field of early childhood care and education;

(2) be well-grounded in the cognitive, social, and emotional development of young children; and

(3) apply a common set of criteria to each program provider seeking certification, regardless of the type of program or source of program funding. 

Delivery of Preschool Services:

T.E.C. § 29.1532(b): If a school district contracts with a private entity for the operation of the district's prekindergarten program, the program must at a minimum comply with the applicable child-care licensing standard adopted by the Department of Protective Services under Section 42.042, Human Resources Code. 

T.E.C. § 29.1533: Before establishing a new prekindergarten program, a school district shall consider the possibility of sharing use of an existing Head Start or other child-care program site as a prekindergarten site.

T.E.C. § 29.154: The commissioner of education . . . shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as childcare administered under Chapter 44, Human Resources Code, and federal Head Start programs.  That evaluation shall use recommendations contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987.  For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioners shall investigate the use of existing child-care program sites as prekindergarten sites.  Following the evaluation required by this section, the commissioners, in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.

T.E.C. § 29.155(i): In carrying out the purposes of Subsection (g), a school district or open- enrollment charter school may use funds granted to the district or school under this subsection in contracting with another entity, including a private entity.

T.E.C. § 29.158

(a) In a manner consistent with federal law and regulations, each prekindergarten program provider . . . shall coordinate with the agency, the Texas Workforce Commission, and local workforce development boards regarding subsidized child-care services.

... (c) The coordination required by this section may also include:

. . . (4) identifying and developing methods for the collaborative provision of subsidized child-care services and prekindergarten, Head Start or Early Head Start, or after-school child-care program services, including:

(A) operating a combined system for eligibility determination or registration processes so that an applicant may apply for all services available in an applicant's community through a single point of access;

(B) sharing facilities or staff; and

(C) increasing the enrollment capacity of those programs;

(5) identifying child-care facilities located in close proximity to prekindergarten, Head Start or Early Head Start, or after-school child-care programs;

(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a prekindergarten, Head Start or Early Head Start, or after-school child-care program; and

(7) coordinating with the State Center for Early Childhood Development to develop longitudinal studies to measure the effects of quality early childhood care and education programs on educational achievement, including high school performance and completion . . . .

T.E.C. §29.160

(c) A school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization may develop one or more coordination-of-resources demonstration projects under which government-funded child-care and early education services, including Head Start and Early Head Start, prekindergarten, and after-school child-care program services, child-care services provided by nonprofit or for-profit entities, and faith-based child-care programs, are operated in a coordinated and integrated manner…

…(c-1) The memorandum of understanding required under Subsection (c) shall provide for:

(1) equal decision-making authority for entities participating in the project;

(2) uniform eligibility criteria for the project to the extent authorized by state and federal law;

(3) development of streamlined enrollment procedures and simplified forms for children eligible for services under the project;

(4) strategies for the co-location and management of staff and for facilitation of effective communication among staff members;

(5) alignment and coordination of program calendars;

(6) delineation of responsibilities for the provision of instructional supplies and materials and food services;

(7) development and implementation of a system by which eligible children are referred for services among the participating entities in a manner that complies with applicable laws and regulations;

(8) periodic meetings of the participating entities to address concerns relating to the administration and operation of the project; and

(9) periodic meetings of the participating entities to address common standards for the professional development of program staff and to create opportunities to ensure that local communities have effective program staff.

(c-2) A demonstration project established under Subsection (c) must include a program evaluation component that, in addition to assessing child-care and early education outcomes for young children, demonstrates:

(1) the extent to which program quality has been enhanced;

(2) the extent to which the number of children being served by full-day, full-year programs has increased;

(3) the extent to which professional development training or activities engaged in by program staff has increased; and

(4) that there has been no weakening of standards or diminishment of services.

T.E.C. §29.1561(c) The commissioner by rule may establish a program to provide incentives to providers of early childhood care and education programs that, to the greatest extent practicable, provide coordinated services….

Requirements for Student Assessment and Program Evaluation:

T.E.C. § 7.055(b)(23): The commissioner shall monitor and evaluate prekindergarten programs and other child-care programs as required under Section 29.154.

T.E.C. § 29.1532(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;

(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.

T.E.C. § 29.154: The commissioner of education, in consultation with the commissioner of human services, shall monitor and evaluate prekindergarten programs as to their developmental appropriateness.  The commissioners shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as childcare administered under Chapter 44, Human Resources Code, and federal Head Start programs.  That evaluation shall use recommendations contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987.  For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioners shall investigate the use of existing child-care program sites as prekindergarten sites.  Following the evaluation required by this section, the commissioners, in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.

T.E.C. § 29.160(a): The State Center for Early Childhood Development, in conjunction with a school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization, may develop a quality rating system demonstration project under which prekindergarten program providers . . . are assessed under a quality rating system . . . .

Note:  The Texas Education Agency publishes a self-assessment tool that coordinates with the recommended curriculum guidelines.  See Texas Education Agency Division of Curriculum, Impacting Student Achievement Through the Language and Literacy Prekindergarten Curriculum Guidelines: A Self-Assessment Tool.