Texas Education Code - EDUC § 29.1531. Tuition-Supported and District-Financed Prekindergarten

(a) Except as provided by Subsection (c), a school district may offer on a tuition basis or use district funds to provide:

(b) A district that offers a prekindergarten program on a tuition basis may not adopt a tuition rate for the program that is higher than necessary to cover the added costs of providing the program, including any costs associated with collecting, reporting, and analyzing data under Section 29.1532(c).

(c) A school district may offer a prekindergarten program on a tuition basis only if the district has received an official determination from a prekindergarten partnership intermediary designated under Section 29.153(g-1) that no private prekindergarten providers that meet the qualifications of Section 29.153(g)(1)(A), (B), (C), or (D) are available to serve the students for whom the district plans to charge tuition.

(d) The commissioner may adopt rules under this section, including rules establishing the manner in which a prekindergarten partnership intermediary may determine whether a private prekindergarten provider is available.