Attorney General Ken Paxton has issued opinion KP-440 in response to a request concerning requirements to solicit public-private partnerships (P3) for state-funded Pre-K programs under Education Code §29.153.
Chiefly, AG Paxton’s opinion states solicitation of a P3 is “mandatory to receive” an 1) exemption to the Pre-K requirement or 2) before a district or charter may “construct, repurpose, or lease a classroom facility, or issue bonds” to provide Pre-K.
AG Paxton further notes that providers possibly being unable to meet the stricter contract award criteria under §29.171(b) would not free districts and charters from the mandate to initiate the solicitation and consideration process under §29.153; “procurement method” and “ultimate award of a contract are two separate stages in a larger process,” Paxton states.
In his request, Rep. Dutton also asked about agency guidelines and executive action that could impact the Pre-K P3 provisions. AG Paxton concludes courts would likely find TEA guidelines implementing “law or policy” or describing “procedure or practice requirements” should be promulgated under agency rulemaking, and that Governor Abbott’s COVID Executive Order does not affect the requirement under the Education Code.
For more information see AG Paxton’s opinion KP-440 and Rep. Dutton’s request RQ-480-KP.