81st Legislative Session

The Texas Early Childhood Education Coalition brought ambitious goals to the 81st Legislative Session.  The legislative agenda for 2009 was filled with a host of initiatives ranging from full day pre-kindergarten services to improved training for child care professionals.  With the adjournment of the regular session of the Texas Legislature on June 1, 2009, the members of the Texas Early Childhood Education Coalition celebrated many successes.  Read below for a full update, or download a PDF of our post session analysis HERE.

TECEC Priority #1: Support Full-Day High-Quality Pre-Kindergarten Programs with an Emphasis on Local, Integrated Community-Based Partnerships

The centerpiece of TECEC’s legislative agenda enjoyed widespread bi-partisan support from over two-thirds of the House and the Senate.  The ambitious legislation of HB 130 (Patrick) and its companion SB21 (Zaffirini) could have made high quality, full day prekindergarten programs available to tens of thousands of eligible children across the state of Texas.  While SB21 stalled, HB 130 worked its way through both chambers and finally cleared its last hurdle with a 116 to 27 vote. On June 19th, Governor Perry vetoed the legislation despite statewide support. 

Despite the Governor’s veto, Coalition members and advocates across the state took heart knowing that the Early Start Grant Program received an infusion of $25 million over the 2010-2011 biennium.  This infusion comes at a time when most states across the country saw their pre-kindergarten budgets slashed because of huge deficits facing many state legislatures. The Coalition was also heartened by the overwhelming support for HB 130 and the pre-K initiative strengthened by the solidarity of the Coalition to support approximately 80 pieces of legislature introduced in the House and Senate.  

HB 130 (Patrick et al) improves the quality standards for many Texas pre-kindergarten programs for currently eligible children.  The program affords Tier 2 Prekindergarten Early Start grantees serving eligible students with TAKS scores above the state average to participate in a voluntary grant program to offer high quality, full-day pre-kindergarten. The voluntary grant program established through HB 130 is available for currently eligible children, including economically disadvantaged, foster children, limited English proficient, homeless children, and children of military families.
 
Because House Bill 130 went through multiple iterations before finally passing, we wanted to make sure you know what the bill does and does not do:

House Bill 130 DOES NOT take money previously allotted to Tier 3 Prekindergarten Early Start (PKES) grantees. Priority funding decisions for the Tier 1, Tier 2, and Tier 3 grantees are made by the Texas Education Agency (TEA). The Texas Legislature decided how to allocate new dollars to ensure that ALL school districts impacted by the changes to the Prekindergarten Early Start (PKES) grant program have the funding necessary to ensure no children are negatively impacted.

House Bill 130 DOES NOT benefit only one school district. A cap of $4 million per year was placed on all grant recipients. In addition, an amendment was added to protect districts by giving the Commissioner the opportunity to access state and federal dollars to continue funding current recipients of the existing Prekindergarten Early Start (PKES) grant program at their 2008-2009 funding levels for the next biennium.

Key components of  HB 130 include:

• Class size limits of 22 and child to staff ratios of 11 to 1;
• Phased-in program for teacher certification requires full compliance by all providers within 3 years of the program start date;
• Commissioner approved curriculum that is supported by scientific evidence of its efficacy;
• 20% set aside of new grant dollars for districts to spend in collaboration with high-quality community providers to save taxpayer dollars by encouraging shared facilities and resources;
• Accountability through reporting and evaluation requirements and a third-party overall evaluation of the effectiveness of prekindergarten programs;
• Clarification that school districts may participate in the School Readiness Certification System, but are not required to do so;
• Prioritization of funding to districts serving eligible students performing above-state average on 3rd grade TAKS and losing money because of change in TEA rules that made cuts to current recipients of the existing Pre-Kindergarten Early Start Grant Program;
• Authorization of the Commissioner to utilize to the fullest extent available federal dollars for funding both grant programs;
• A $4 million per year cap placed on grant recipients;and
• Protection for districts by giving the Commissioner the opportunity to access state and federal dollars to continue funding current recipients of the existing Pre-Kindergarten Early Start Grant at the current 2008-09 funding levels through the next biennium.

TECEC Priority #2: Increase Reimbursement Rates Paid to Child Care Providers

Unfortunately, all of the bills filed related to increasing the reimbursement rates for child care providers met the same fate and failed to be considered by either chamber of the legislature.  Despite the significant amount of federal stimulus funding headed to Texas, little progress was made to address the urgent need to change the system of reimbursements for subsidized child care in Texas.

HB 2072/ HB 2218 (Flores). These two bills proposed increases in reimbursement rates paid by local workforce development boards to community providers for subsidized child care services.  The legislation ordered an annual ranking of the reimbursement rates for the 28 local workforce boards across Texas.  Subsequently, the 14 boards paying rates that fell below the median value would see their rates raised to the median level. HB 2027, called for increases only for the bottom 25%.  A second version, HB 2218 corrected concerns that arose related to the original bill. However, both of these bills failed to clear committee.  Attempts to negotiate the appropriation of $40 million in a rider for increased reimbursement rates also failed.

NEXT STEPS. While little progress was made this session for reimbursement rates, Representative Mark Strama (Austin), Chairman of the Technology, Economic Development and Workforce Committee, has emerged as a champion on this issue and we are committed to working with his office in order to file interim charges related to child care reimbursement rates between now and the next legislative session in 2011.
 
TECEC Priority #3: Support the Development of Early Childhood Professionals

SB 1730 (West) proposed raising the standards for training of child care providers. The bill would have mandated an increase in pre-service training from 8 to 16 hours, annual in service training from 15 to 17 hours for teachers and staff and from 20 to 30 hours for directors. Further, the legislation ordered that the training must include one or more of the following topics:

• Child growth and development
• Guidance and discipline
• Age-appropriate curriculum
• Teacher-child interaction

Unfortunately, SB 1730 was passed in the Senate but stalled in the House.  Attempts to amend this language to HB 2224 failed as the session came to an end.
 
 
SUCCESS! SB572 (Shapiro)-“Jacob’s Law” passed! This legislation was filed in response to the death of a young child who died after being left in a van by a child care worker on a summer day. SB 572 calls for an expansion of the training hours specifically related to the safe transport of children under the age of nine.  The legislation mandates two hours of annual training for an owner, operator, or employee of a child care facility.

NEXT STEPS. While SB 1730 did not pass, the good news is that the Texas Child Care Minimum Standards are up for review in 2009, and TECEC will be working with the Texas Department of Family and Protective Services (DFPS) and others to implement the compromise that was reached during the legislative session, including 16 hours preservice; 17 hours annual, and 30 hours annual for directors.
 
 
TECEC Priority #4: Maintain Support for Existing Quality Programs throughout Texas

SUCCESS! CSSB 1. TEEM/School Readiness Certification System. Out of federal funds appropriated to the Texas Workforce Commission,  the Commission shall match the amount of available General Revenue for the Early Childhood School Readiness Programs funded in Rider 41 following the appropriation in Article III ($7.5 million), to the Texas Education Agency to provide for each year of the 2010-11 state fiscal biennium a total amount equal to the greater of $11,700,000. These dollars will go to child care providers participating in integrated school readiness models developed by the State Center for Early Childhood Development at the University of Texas Health Science Center at Houston. In addition, the Children’s Learning Institute (CLI) will receive $1 million for higher education coordinating efforts and another $1.5 million for pre-kindergarten Limited English Proficient (LEP) programs.

SUCCESS! HB635 (Guillen) passed and ensures that Head Start programs in Texas that are operated by a school district or community-based organization can serve the function of an elementary school in order to qualify for federal grant funding, such as the Schools and Libraries Program, also known as the “E-Rate Program.” The E-Rate Program is absolutely critical to the more than 67,000 children served in Head Start in Texas every year.  Because E-Rate is not a grant program but instead a discount program, Head Start would not take funding away from school districts that are already eligible. HB 635 passed and was sent to the Governor.
 
SUCCESS! SB 49(Zaffirini) provides additional oversight of the State Center for Early Childhood Development.  The original bill failed to be passed out of committee in early March 2009 and was not considered by the full Senate. The language from the bill was added to Rider 41 of TEA's budget and was passed with SB1 as the session drew to a close.SB1 passed and was sent to the Governor.

SUCCESS! HB136 (Villarreal) mandates that a strategy be developed to notify parents of eligible children about the availability of prekindergarten programs. This legislation passed and was sent to the Governor.

SUCCESS! SB 68 (Nelson) creates new definitions for before and after school programs, and single skill programs (i.e. karate and gymnastics), giving the Department of Family and Protective Services authority to create minimum standards and investigate, as well as clarify fingerprint and background check requirements. This bill passed and was sent to the Governor.
 
SUCCESS! SB 1646 (Van de Putte) established the Council on Children and Families under the Office of Program Coordination for Children and Youth.  Composed of Executive Officers of multiple state agencies, the Council coordinates services for children and families, examines funding needs and sets policy for organizations to deliver services.  The bill passed and was sent to the Governor.

SUCCESS! HB1240 (Villarreal) requires that information be provided to parent of newborn children related to health and safety concerns facing many new parents.  HB 1240 has already been signed by the Governor.
 
SUCCESS! SB 395 (Lucio) amends the Texas Health & Safety Code and authorizes the Department of Agriculture to establish the Early Childhood Health & Nutrition Interagency Council.  The bill authorizes the Council to conduct research on early childhood nutrition and physical activity and develop an early childhood nutrition and activity plan for implementation.  SB 395 was sent to the Governor.
 
 
TECEC Priority #5: Establish a Pilot Early Childhood Behavioral Consultation Program

SB 1613 (Lucio) called for the development and implementation of a pilot Early Childhood Behavioral Consultation Program in Texas.  This bill was one of the most popular early education bills of the session amongst TECEC coalition members. SB 1630 would have created a limited pilot (4 sites) during the 2010-2011 biennium.  The bill, which was heard by the Senate Health & Human Services Committee in late April, was left pending in committee through the end of the session. 

NEXT STEPS: TECEC will continue to work with Texans Care For Children and others in order to seek grant funding to pilot an Early Childhood Behavioral Consultation Program in Texas between now and the next legislative session in 2011.
 

Update on the American Recovery and Reinvestment Act, “the stimulus bill”

At the beginning of the legislative session, the Texas Workforce Commission (TWC) was notified that Texas would be receiving approximately $214 million in Child Care and Development Block Grant (CCDBG) funding as a result of the American Recovery and Reinvestment Act (a.k.a. the stimulus bill). TWC immediately contacted the 28 Local Workforce Development Boards (LWDB’s) in order to receive recommendations on how to spend the stimulus dollars, which included $186,803,793 in State CCDBG Economic Recovery Funds (Excluding Targeted Funds); $17,761,545 in Quality Expansion Targeted Funds; and $10,286,262 in Infant/Toddler Targeted Funds.
 
Based on feedback from the 28 LWDB’s, TWC staff made recommendations to the TWC Commissioners on how to spend the money. On the last day before the filing deadline, Rep. Mark Strama (D-Austin), filed House Bill 4447, which prevented TWC from immediately distributing the stimulus dollars. He filed the legislation because he wanted to ensure that TWC spent the majority of the stimulus funds on quality initiatives. This provided TECEC and other groups with a great opportunity to testify in support of the stimulus and important quality initiatives that could be funded with stimulus dollars.

NEXT STEPS. Now that the 81st Legislative Session has drawn to a close and House Bill 4447 did not pass, TECEC will provide final recommendations to TWC Commissioners regarding CCDBG stimulus funds. You can read our letter to TWC on the stimulus, HERE.

A special thank you to you

The success of the 81st Legislative Session would not have been possible without your support and the support of the entire Coalition. Throughout the session, TECEC members and partners sent over 19,000 emails to legislators in support of early childhood education legislation. Every session, thousands of bills are filed, and a very small percentage of those bills actually pass. Our major victory, HB 130 (and its companion SB 21), was considered by many political insiders as the most popular bill in the Texas Legislature, and that has everything to do with your efforts to reach out to your Legislators on this important issue.
 
Additionally, turnout of our advocacy day at the Capitol, “Pre-k Day,” was larger than it has ever been.  Hundreds of visits were made to legislative offices, and dozens of legislators made their way down to our model pre-k classroom.  We know your efforts on “Pre-k Day” were a major success because 13 legislators were added as co-authors of SB 21 and HB 130 on that day alone. Within a week 27 more co-authors were added!
 
Many of you came through with key phone calls and letters when needed most.  When we reached out to TECEC members in key legislative districts, you all answered with enthusiasm and effort.  We cannot thank you enough for contributing to the overwhelming success of the 81st Legislative Session! Your efforts truly made a difference!   
 
 The Governor has until June 21, 2009 to sign bills into law, so TECEC will let you know if there are any changes to the early childhood education legislation that was passed by the Texas Legislature during the 81st Legislative Session.

TECEC provided its members with many resources to support participation and advocacy during the 81st Legislative Session.  You can access those resources below:

• The TECEC 2009 Legislative Agenda ( PDF )  
  The TECEC Legislative Agenda consists of five priorities that all revolve on theme: increasing the quality of early care and education in Texas.  TECEC has spent much of 2008, engaging in discussions with our members, partners, and leaders to develop a strong agenda that, if successful, will certainly move Texas close to our mission: to build a system of quality early care education that prepares children for success in their education and life.

• The TECEC Legislative Agenda Talking Points (PDF )
  The TECEC Legislative Agenda Talking Points will provide you with relevant arguments supporting each of our Legislative Agenda items.  The talking points can support you in your efforts to reach out to Legislators, community members, and others in support of high-quality early education in Texas

• TECEC Original Public Policy Briefs and White Papers
  Throughout the 81st Texas Legislative Session, the TECEC research and public policy staff has produced a number of briefs and papers relating to important themes in early care and education in Texas.  Literature on important topics like child care subsidies, neuroscience and school readiness, and pre-k/kindergarten transition.
  
  • Support Full-Day High-Quality Pre-k Programs ( PDF )
  • Child Care Subsidy Program One-Pager ( PDF )
  • Expand Pre-Service Training for Child Care Providers One-Pager ( PDF )
  • Maintain Support For Existing Quality Programs One-Pager ( PDF )
  • Early Childhood Behavioral Consultation Program One-Pager ( PDF )
  • Early Childhood Behavioral Consultation Program White Paper ( PDF )

• TECEC Original Testimony
  TECEC will be providing testimony to many legsilative committees during the 81st Texas Legislature.  You can access copies of TECEC Testimony below:
  • 3/3/2009 Kara Johnson provides testimony on HB 130 to the House Committee on Public Education -S/C Appropriations (PDF )
  • 3/09/2009 Dr. Donald J Smith Jr. provides testimony on HB 615 to the House Committee on Business and Industry (PDF )
  • 3/10/2009 Kara Johnson provides testimony on HB 620 to the House Committee on Public Health (PDF )
  • 3/10/2009 Kara Johnson provides testimony on HB 1240 to the House Committee on Public Health (PDF )
  • 3/12/2009 Kara Johnson provides testimony on SB 49 to the Senate Committe on Education (PDF )
  • 3/12/2009 Kara Johnson provides testimony on SB 21 to the Seante Committee on Education (PDF )
  • 3/16/2009 Kara Johnson provides testimony on the Federal Stimulus to the Texas Workforce Commission (PDF )
  • 3/17/2009 Kara Johnson provides testimony on SB 572 to the Senate Committee on Health and Human Services (PDF )
  • 3/24/2009 Kara Johnson provides testimony on HB 635 to the House Committee on Public Education (PDF )
  • 3/24/2009 Kara Johnson provides testimony on HB 130 to the House Committee on Public Education      (PDF )
  • 3/24/2009 Kara Johnson provides testimony on HB 1891 to the House Committee on Public Education   (PDF )
  • 3/24/2009 Dr. Donald J. Smith, Jr. provides testimony on HB 136 to the House Committee on Public Education (PDF )
  • 4/2/2009 Kara Johnson provides testimony on HB 1901 to the Senate Committee on Health and Human Services (PDF )
  • 4/9/2009 Dr. Donald J. Smith, Jr. provides testimony on HB 4202 to the House Committee on Human Services (PDF )
  • 4/28/2009 Dr Donald Smith, Jr. provides testimony on SB 1613 to the Senate Committee on Health and Human Services (PDF )
  • 4/30/2009 Dr.Donald J. Smith, Jr provides testimony on SB 1722 to the Senate Committee on Health and Human Services (PDF )
  • 5/4/2009 Dr. Donald J. Smith Jr. provides testimony on the Child Care Development Fund to the Texas Workforce Commission (PDF )
  • 5/14/2009 Kara Johnson provides testimony on HB 130 to the Senate Committee on Education (PDF )

• The TECEC Bill Tracker (Bill Tracker )
  TECEC is compiling a comprehensive list of bills relevant to early care and education filed in the Texas Legislature this year.  The tracking system provides in-depth analysis of each bill, updates on the progress of key legislation, and it enables our supporters to quickly contact their Legislators about important bills.