Amends TCA Title 49, Chapter 6, Part 1.

This bill revises present law provisions regarding pre-kindergarten programs, as discussed below. PILOT PRE-K PROGRAMS Present law authorizes the department of education, through a system of competitive grants and technical assistance as funding is available, to establish, administer, and monitor programs of community-based early childhood education and pre-kindergarten programs to serve at least 5,000 children. Present law requires that the pilot pre-kindergarten programs established pursuant to this provision be funded at the same level as the funding for pre-kindergarten programs implemented pursuant to the Voluntary Pre-K for Tennessee Act of 2005. Present law provides for the program serving: (1) Dependent children who are four years of age whose parent was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict, or was formerly a prisoner of war or missing in action under such circumstances; (2) Children who are four years of age on or before August 15 and from families with incomes that meet the eligibility requirements for free and reduced lunch; and (3) Subject to availability of space and resources: (A) Children who are three and four years of age and who are screened and identified as educationally at-risk; (B) Children who are three and four years of age who have been in the Tennessee Early Intervention Program (TEIS) or Even Start program; and (C) Children three years of age and from families with incomes that meet the eligibility requirements for free and reduced lunch. This bill deletes the above-described provisions for the department to establish pilot pre-K programs. ENROLLMENT IN PRE-K FOR AT-RISK CHILDREN Present law authorizes LEAs to provide prekindergarten programs for any at-risk child residing in the geographic area served by the LEA who is four years of age, or who will become four years of age, on or before August 15. Under present law, any child may enroll in a program when an insufficient number of at-risk children are enrolled to fill a specific classroom. This bill revises this provision to instead provide that if an insufficient number of at-risk children who are four years of age are enrolled to fill a voluntary pre-kindergarten program, then, at the LEA's discretion, a child who is four years of age on or before August 15 and who resides in the geographic area served by the LEA or an at-risk child who is three years of age on or before August 15 and who resides in the geographic area served by the LEA may enroll in the program. This bill defines "at-risk children" as: (1) Children of a household income that meets the eligibility requirements for free or reduced-price lunch; or (2) Dependent children who are four years of age whose parent was killed, died as a direct result of injuries received, or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances. ON MARCH 21, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2709, AS AMENDED. AMENDMENT #1 revises various provisions of this bill, as follows: (1) Redefines "at-risk" children in regard to those who qualify for free or reduced-price lunch to clarify that the child is at-risk if the child is four years of age on or before August 15 and is a member of a family with an income that meets the eligibility requirement for free or reduced-price lunch; (2) Clarifies, in the definition of "at-risk" in regard to children whose parents were killed in service, prisoners of war, or missing in action, that the child must be four years of age on or before August 15; (3) Requires that a voluntary pre-kindergarten program be designed to comprehensively address the educational needs of children who are not otherwise eligible for similar programs or who do not have access to a pre-kindergarten program that includes, but is not limited to, the cognitive, physical, social, and emotional needs of children participating in the program; (4) Requires the department to establish an initial enrollment deadline that an LEA must use to determine if a voluntary pre-kindergarten classroom provided by the LEA has space available to enroll students in addition to at-risk children residing in the geographic area served by the LEA. If the number of at-risk children seeking to enroll in an LEA's voluntary pre-kindergarten program on the date of the initial enrollment deadline does not meet the maximum class size of the pre-kindergarten classroom provided by the LEA as part of the LEA's voluntary pre-kindergarten program, then the LEA may enroll children who are not at-risk children, but who reside within the geographic area served by the LEA and who are: (A) Four years of age, with or without a disability, on or before August 15; (B) Three years of age on or before August 15 and: who have been in the Tennessee Early Intervention System (TEIS); or who are screened and identified as educationally at-risk, as determined pursuant to the Individuals with Disabilities Education Act; or (C) Three years of age on or before August 15, who are members of families with incomes that meet the eligibility requirements for free or reduced-price lunch; (5) Specifies that enrollment in a voluntary pre-K program is voluntary; and (6) Adds that selection of voluntary pre-kindergarten program sites must take into consideration the areas of greatest need, which may be determined by, but not limited to: (A) School service areas with high percentages of children from families with incomes that meet the eligibility requirements for free or reduced-price lunch; or (B) Access to early childhood education and pre-kindergarten programs within the county.