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Timeout! What to do When a Community-Based Child Care Org Throws a Tantrum

In the past few days, a demand letter has been received by several school districts from a national law firm on behalf of the Texas Licensed Child Care Association (“TLCCA”) aiming to ensure that the receiving district complies with Texas Education Code § 29.153. This statute requires Texas school districts to provide free prekindergarten if certain criteria are met, and provides only limited exceptions to this requirement. The letter focuses primarily on a provision requiring a district to “solicit and consider proposals for partnerships” with “community-based child-care providers” before using certain facility-related measures to provide the prekindergarten classes required by the statute. Those measures include constructing, repurposing, or leasing a classroom facility, as well as issuing bonds to construct or repurpose a classroom facility.

Understandably, the letter has raised concerns among districts, particularly those that have recently constructed schools containing prekindergarten classrooms or that now use existing classrooms for prekindergarten instruction. Unfortunately, there is little case law or Commissioner guidance addressing the scope of this requirement. However, the plain language of the statute gives districts some guidance. With respect to new construction, § 29.153 applies when a district constructs a classroom facility for the purpose of providing the prekindergarten classes required by the statute. A prekindergarten classroom included as part of the broader construction of a new elementary school therefore falls outside the scope of the provision, particularly when the project was not undertaken specifically to create prekindergarten classroom space. Further, the statute does not define the term “repurpose.” Courts generally give an undefined statutory term its ordinary meaning, and “repurpose” commonly means “to give a new purpose or use to.” Based on this definition, a district using an existing classroom for a prekindergarten class does not constitute “repurposing” for purposes of the aforementioned statutory hurdle. Accordingly, a district fitting either of these descriptions has little to be concerned about regarding this demand letter.

Nevertheless, TLCCA’s “demand” is that “the district confirm it will comply with the Act in good faith,” giving a deadline of July 10, 2026 for compliance. Despite this strong language, we urge each district to remember that this law firm is not a governmental entity. Accordingly, any purported deadline given by them is insignificant. If your district is in compliance with the above-referenced statute, there is no requirement that you reply to this letter. However, if your district chooses to reply, we recommend the following language:

“The [NAME] Independent School District is, always has been, and will continue to be in full, good-faith compliance with the requirements of Texas Education Code § 29.153.”

We hope this alleviates any concerns this letter may have caused your district. If you have any concerns about responding to this letter or compliance with Texas Education Code § 29.153, please do not hesitate to contact our office.