HBA-JRA H.B. 1849 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1849
By: Lengefeld
Public Education
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state law allows children who were at least five years old on
the first of September of a school year to attend public school that school
year, and requires their education to be paid for from the available school
funds for that year.  Nevertheless, approximately 30,000 eligible students
do not enroll in public school kindergarten each year.  H.B. 1849 requires
all children who are at least five by June 1, rather than September 1, and
younger than 18, to attend school, permits children under five who have
attended prekindergarten to attend public school, and requires their
education to be paid for from the available school funds for that year. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 25.001(a) and (b), Education Code, to entitle a
person enrolled in a prekindergarten class under Section 29.151 (Free
Kindergarten), Education Code, to the benefits of the available school fund
for that year and requires the board of trustees of a school district to
admit into the public schools of the district free of tuition such a
person, rather than a person between the ages of five and 21 of the first
day of September of the school year in which admission is sought. 

SECTION 2.  Amends Section 25.085(b), Education Code, to require a child
who was at least five years old on June 1 of the preceding school year, or
who was younger than five years old but has previously been enrolled in
prekindergarten, and who is younger than 18 years old, to attend school,
unless specifically exempted by Section 25.086 (Exemptions), Education
Code.  Previously, a child who was at least six years old, or who was
younger than six years old and had previously been enrolled in first grade,
and was younger than 18 years old was required to attend school. 

SECTION 3.  Amends Section 29.151, Education Code, to require the board of
trustees of each school district to establish and maintain one or more
kindergartens for children who were at least five years old on June 1 of
the preceding school year or who were younger than five years old but have
previously been enrolled in prekindergarten, rather than for children who
were at least five years old on September 1 of the current school year. 

SECTION 4.  Makes application of this Act prospective to the 1999-2000
school year. 

SECTION 5.Emergency clause.
  Effective date: upon passage.