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AN ACT
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relating to class size limits for prekindergarten classes provided |
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by or on behalf of public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.112(a), Education Code, is amended to |
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read as follows: |
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(a) Except as otherwise authorized by this section, a school |
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district may not enroll more than 22 students in a prekindergarten, |
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kindergarten, first, second, third, or fourth grade class. That |
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limitation does not apply during: |
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(1) any 12-week period of the school year selected by |
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the district, in the case of a district whose average daily |
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attendance is adjusted under Section 48.005(c); or |
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(2) the last 12 weeks of any school year in the case of |
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any other district. |
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SECTION 2. Section 29.1532(b), Education Code, is amended |
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to read as follows: |
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(b) If a school district contracts with a private entity for |
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the operation of the district's prekindergarten program, the |
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program must at a minimum comply with: |
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(1) the applicable child-care licensing standards |
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adopted by the Department of Family and Protective [and Regulatory] |
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Services under Section 42.042, Human Resources Code; and |
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(2) the class size requirement for prekindergarten |
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classes imposed under Section 25.112(a). |
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SECTION 3. Section 29.171(c), Education Code, is amended to |
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read as follows: |
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(c) A prekindergarten program provided by a private |
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provider under this section is subject to: |
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(1) the requirements of this subchapter; and |
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(2) the class size requirement for prekindergarten |
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classes imposed under Section 25.112(a). |
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SECTION 4. Section 12.056(b), Education Code, is amended to |
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read as follows: |
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(b) A campus or program for which a charter is granted under |
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this subchapter is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) high school graduation under Section 28.025; |
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(D) special education programs under Subchapter |
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A, Chapter 29; |
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(E) bilingual education under Subchapter B, |
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Chapter 29; |
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(F) prekindergarten programs under Subchapter E, |
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Chapter 29, except class size limits for prekindergarten classes |
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imposed under Section 25.112, which do not apply; |
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(G) extracurricular activities under Section |
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33.081; |
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(H) health and safety under Chapter 38; |
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(I) public school accountability under |
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Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and |
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(J) the duty to discharge or refuse to hire |
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certain employees or applicants for employment under Section |
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12.1059. |
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SECTION 5. Section 12.104(b), Education Code, as amended by |
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Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 |
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(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is |
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reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29, except class size limits for prekindergarten |
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classes imposed under Section 25.112, which do not apply; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(S) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(T) establishment of residency under Section |
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25.001; |
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(U) [(T)] school safety requirements under |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, |
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37.207, and 37.2071; |
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(V) [(T)] the early childhood literacy and |
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mathematics proficiency plans under Section 11.185; and |
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(W) [(U)] the college, career, and military |
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readiness plans under Section 11.186. |
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SECTION 6. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 7. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2081 passed the Senate on |
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May 12, 2021, by the following vote: Yeas 24, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2081 passed the House on |
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May 26, 2021, by the following vote: Yeas 87, Nays 61, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |