Texas Education Code

Texas Education Code §29.153

Texas Education Code §29.153 states “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.”

In 2007, the Texas Legislature amended Section §29.153 of the Texas Education Code to include among those who are eligible for free prekindergarten, children who are in or who have ever been in the conservatorship of the Texas Department of Family and Protective Services (DFPS) following an adversary hearing. This includes not only children who are in or who have been in DFPS conservatorship, but also children who have been adopted or returned to their parents after being in DFPS conservatorship.

The district may not adopt a tuition rate for a pre-kindergarten program that is higher than necessary to cover the added costs of providing the program, including costs associated with collecting, reporting and analyzing data under Section 29.153 (c) and must submit the proposed tuition rate to the commissioner for approval.