1. (a) A school district that offers a prekindergarten program under this subchapter may enter into a contract with an eligible private provider to provide services or equipment for the program.

2. (b) To be eligible to contract with a school district to provide a program or part of a program, a private provider must be licensed by and in good standing with the Department of Family and Protective Services. For purposes of this section, a private provider is in good standing with the Department of Family and Protective Services if the department has not taken an action against the provider's license under Section 42.071, 42.072, or 42.078, Human Resources Code, during the 24-month period preceding the date of a contract with a school district. The private provider must also:

   1. (1) be accredited by a research-based, nationally recognized, and universally accessible accreditation system approved by the commissioner;
   2. (2) be a Texas Rising Star Program provider with a three-star certification or higher;
   3. (3) be a Texas School Ready! participant;
   4. (4) have an existing partnership with a school district to provide a prekindergarten program not provided under this subchapter; or
   5. (5) be accredited by an organization that is recognized by the Texas Private School Accreditation Commission.

3. (c) A prekindergarten program provided by a private provider under this section is subject to:

   1. (1) the requirements of this subchapter; and
   2. (2) the class size requirement for prekindergarten classes imposed under Section 25.112(a).

Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.029, eff. June 12, 2019.

Acts 2021, 87th Leg., R.S., Ch. 974 (S.B. 2081), Sec. 3, eff. September 1, 2021.