SB 1566, Section 11 Guidance
April 19, 2018
TO THE ADMINISTRATOR ADDRESSED:
SUBJECT: SB 1566, Section 11 Guidance
SB 1566, Section 11 passed by the 85th 桃花社区视频 Legislature, Regular Session, 2017, added Section 33.9031, regarding the establishment of before-school and after-school programs in 桃花社区视频 school districts, to the 桃花社区视频 Education Code (TEC). TEC, 搂33.9031(c) requires that a school district conduct a request for proposals process (RFP process) involving child-care facilities that provide before-school and after-school programs in order to determine if the district鈥檚 best interests will be met by contracting with such child-care facilities to offer the district鈥檚 before-school and after-school programs.
It has come to the attention of the 桃花社区视频 Education Agency (TEA) that some school districts are limiting the term 鈥渃hild-care facility鈥 in TEC, 搂33.9031(c) to licensed child-care facilities under Section 42.041(a) of the 桃花社区视频 Human Resources Code (HRC). In response, TEA points districts to HRC, 搂42.041(b)(7), which reads as follows:
(b) This section does not apply to:
(7) an educational facility that is accredited by the 桃花社区视频 Education Agency, the Southern Association of Colleges and Schools, or an accreditation body that is a member of the 桃花社区视频 Private School Accreditation Commission and that operates primarily for educational purposes for prekindergarten and above, a before-school or after-school program operated directly by an accredited educational facility, or a before-school or after-school program operated by another entity under contract with the educational facility, if the 桃花社区视频 Education Agency, the Southern Association of Colleges and Schools, or the other accreditation body, as applicable, has approved the curriculum content of the before-school or after-school program operated under the contract[.]
In light of HRC, 搂42.046(b)(7), TEA鈥檚 position is that licensing-exempt child-care facilities described by HRC, 搂42.041(b)(7) should be included in the RFP process described by TEC, 搂33.9031(c).
If you have any questions regarding this matter, please contact TEA's Office of General Counsel at (512) 463-9720.