Education Code § 29.160

Sec. 29.160. DEMONSTRATION PROJECTS. (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, licensed child-care facilities, or Head Start and Early Head Start program providers are assessed under a quality rating system. (b) In developing the quality rating system demonstration project, the State Center for Early Childhood Development is entitled to: (1) reasonable access to the sites at which the programs to be rated are operated, which may include sites under the authority of school districts or the Department of Protective and Regulatory Services; and (2) technical assistance and support from the agency, the Texas Workforce Commission, and the Department of Protective and Regulatory Services to the extent that those agencies have the ability to provide assistance and support using existing agency resources. (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. An entity that develops a proposed demonstration project under this subsection must obtain approval of the project from the state agency or agencies with regulatory jurisdiction over the subject matter involved in the project. Approval of a project under this subsection must be made contingent on development of a memorandum of understanding regarding the child-care and early education coordination and integration that is: (1) entered into by each entity participating in the project; (2) certified by the State Center for Early Childhood Development as meeting any standards developed under Section 29.155(g); and (3) consistent with the applicable provisions of this section and applicable laws and regulations in a manner that at a minimum maintains existing child-care and early education program requirements and does not waive any existing health and safety standards. (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 colocation 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. (d) An entity that obtains approval of a coordination-of-resources demonstration project is entitled to a waiver or modification of any existing rule, policy, or procedure of the agency, the Texas Workforce Commission, or the Department of Protective and Regulatory Services that impairs the coordinated provision of government-funded child-care services, provided that the waiver or modification does not adversely affect the health, safety, or welfare of the children receiving services under the project. In addition, if applicable, the appropriate state agency must seek on behalf of the entity any available federal waiver from a federal rule, policy, or procedure imposed in connection with a Head Start program that impairs the coordinated provision of government-funded child-care services. Not later than the 30th day after the date on which a state agency becomes aware of an applicable federal waiver under this subsection, the state agency shall notify the appropriate entity of the date by which the state agency intends to seek the waiver. (e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013. (f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013. Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 2, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(2), eff. September 1, 2013.