Prekindergarten Eligibility
• Students may not be denied or excluded from participating in a prekindergarten program for any
reason if they are deemed eligible TEC §29.153 (b).
• “Child” includes stepchild. The stepchild is eligible for pre-k enrollment whether or not the child
resides in the same household as the stepparent. Student Attendance and Accounting Handbook
,
Section 7.2.1
• Once a student is determined to be eligible for pre-k, the student remains eligible for the remainder of
the current school year in the district in which he or she resides or is otherwise entitled to attend for
Foundation School Program benefits.
Frequently Asked Questions
Why isn't my child eligible for prekindergarten?
The Texas Legislature determines eligibility requirements for free, public prekindergarten in Texas. When the
Texas legislature established the prekindergarten program the intent was, and still is, to provide early learning
experiences to students who are most at risk for school failure. Therefore, the eligibility is limited. The
legislature believed that a high-quality prekindergarten program could mitigate the impact of the at-risk
characteristics, thereby assisting these students to become school ready when they enter kindergarten.
Does my child have to go to prekindergarten if he or she is eligible?
No. Prekindergarten is not mandatory. However, on enrollment in prekindergarten, a child must attend school.
All students are subject to compulsory school attendance rules while they are enrolled in school. If a child has
not reached 6 years of age as of September 1 of the current school year, the child may be withdrawn from
school without violating compulsory attendance rules. TEC §25.085(c)
, SAAH, Section 3.5
Are districts required to serve three-year-olds who are eligible?
No. A district may offer prekindergarten classes if the district identifies 15 or more eligible children who are at
least three years of age. A child who is three years old is eligible for prekindergarten only if the district
operates a three-year-old prekindergarten program. TEC §29.153(a)
, SAAH, Section 7.2
May districts keep "waiting lists" of eligible children who are not being served?
No, not for eligible four-year-olds. By law, a school district must offer prekindergarten classes if it identifies 15
or more children who are eligible and are four years of age by September 1 of the current school year. If a
district offers a program for eligible three-year-old students, a waiting list or lottery for three-year-olds only
may be established under district policy. TEC §29.153(a)
Is it necessary to verify/qualify a four-year-old student for PK who was eligible and enrolled in PK as a three-
year-old student?
LEAs are still required to do their normal qualification process for previously enrolled three-year-old students,
even though they would automatically qualify for PK based on their qualification and enrollment as three-year-
old PK students. The PEIMS qualification code of automatic eligibility is a code of last resort and is only to be
used if a student does not qualify for PK in any other way.