Free Prekindergarten for Dependents of Active Duty Members of the Military

The 79th Texas Legislature passed House Bill 1 (HB 1) during the Third Called Session. HB 1 adds children of active duty members of the armed forces of the United States and children of members of the armed forces who were injured or killed while serving on active duty to the list of children eligible for enrollment in a prekindergarten class. Beginning with the 2006-2007 school year, to be eligible for enrollment in a prekindergarten class, a child must be three or four years of age on September 1 of the current school year and must be:

1. unable to speak and comprehend the English language; or
2. educationally disadvantaged (eligible to participate in the National Free or Reduced-Price Lunch Program) or
3. homeless; or
4. the child of an active duty member of the armed forces of the United States, including the state military forces or a reserved component of the armed forces, who is ordered to active duty by proper authority; or
5. the child of a member of the armed forces of the United States, including the state military forces or a reserved component of the armed forces, who was injured or killed while serving on active duty.

The term “member of the armed forces” includes:

• active duty uniformed members (parents or official guardians) of the Army, Navy, Marine Corps, Air Force, or Coast Guard who are assigned to duty stations in Texas or who are Texans who have eligible children residing in Texas;

• activated/mobilized uniformed members of the Texas National Guard (Army or Air Guard), or activated/mobilized members of the Reserve components of the Army, Navy, Marine Corps, Air Force, or Coast Guard who are Texas residents regardless of the location of the reserve unit; and

• uniformed service members who are Missing in Action (MIA).

Documentation required for determining eligibility:

If a student is eligible for prekindergarten because the student is the child of an active duty, injured or killed member of the armed forces of the United States, including the state military forces or a reserved component of the armed forces, the following documentation must be on file:

• A copy of the Department of Defense (DoD) photo identification for children of active duty service members.

• A copy of the “Statement of Service” from the Installation Adjutant General (AG) Director of Human Resources for children of active members or mobilized reservists or members of the Texas National Guard. This office would use the military personnel systems and documentation to verify that the service member is on active duty in Texas or a Texas mobilized reservist. For Texas National Guard members (Army or Air Guard), the Texas National Guard’s office of the Adjutant General (TAG) may provide documentation or an official letter from a commander (at or above the Lieutenant Colonel or, for the Navy at the commander level) confirming active/mobilized status may be accepted.

• A copy of the Death Certificate using the Service appropriate Department of Defense form, or a Department of Defense form that indicates death as the reason for the separation from the service for children of service members who died or were killed. If the Department of Defense form is not available, the family would ask the Casualty Assistance Office of the closest Casualty Area Command (in Texas) to provide a memorandum signed by the Casualty Office stating the service member was killed in action or died while serving.

• A copy of the Purple Heart orders or citation for children of service members or mobilized reservists/guardsmen who were wounded or injured in combat.

• A copy of the Line of Duty Determination documentation for children of service members or mobilized reservists/guardsmen who were injured while serving on active duty but were NOT wounded or injured in combat. If such documentation is not available, a copy of an official letter from a commander (at or above the Lieutenant Colonel or, for the Navy at the commander level) that stated the service member was wounded or injured while on active duty is acceptable.

• A copy of appropriate documentation for children of service members who are “Missing in Action” (MIA). Any one of the following three acceptable pieces of documentation will suffice for all services: (1) a copy of the transmittal letter from the Service Secretary stating the service member is in a missing status; (2) a copy of the DD (Department of Defense) Form 2811, “Report of Proceedings by Initial/Subsequent Board of Inquiry or Further Review Board;” or (3) a copy of the DD Form 2812, “Commander’s Preliminary Assessment and Recommendations Regarding Missing Person.”

If a student qualifies for prekindergarten on the basis of being a child of an active duty member of the armed forces of the United States, including the state military forces or a reserved component of the armed forces, the student remains eligible for enrollment if the child’s parent leaves the armed forces, or is no longer on active duty, after the student begins a prekindergarten class.