HBA-MPM H.B. 1144 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1144 By: Garcia Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE Currently, school campuses and districts may receive an exemption or waiver from a requirement, restriction, or prohibition relating to class size limits. Districts may enroll more than 22 students in certain grade levels. H.B. 1144 prohibits a school campus or district from receiving an exemption or waiver from a requirement, restriction or prohibition relating to class size limits and prohibits a district from enrolling more than 22 students in a kindergarten or first grade through ninth grade class. This bill also authorizes the commissioner of education to except a school district from these limits if the limits work an undue hardship on the district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7.056(e), Education Code, to prohibit a school campus or district from receiving an exemption or waiver, except as provided by Subsection (f) (exception or waiver received by a district or campus that is required to develop and implement a student achievement program), from a requirement, restriction or prohibition relating to class size limits, rather than elementary class size limits except as provided by Section 25.112 (Class Size). SECTION 2. Amends Section 12.013(b), Education Code, to make a conforming change. SECTION 3. Amends Section 25.112(a), Education Code, to prohibit a district from enrolling more than 22 students in a kindergarten or first grade through ninth grade class, rather than a kindergarten through fourth grade class. SECTION 4. Amends Sections 39.112(b) and (d), Education Code, to make conforming changes. SECTION 5. Amends Section 39.183, Education Code, to delete the number of districts granted an exception under Section 25.112 among information contained in a regional and district level report covering the preceding two school years that is prepared by the Texas Education Agency and delivered to the governor, the lieutenant governor, the speaker of the house of representatives, each member of legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system. SECTION 6. Repealer: Section 25.112(d), Education Code. This subdivision authorizes the commissioner of education (commissioner) to, upon application, except a school district from the limit in Subsection (a) if the commissioner finds the limit works an undue hardship on the district. Provides that an exception expires at the end of the semester for which it was granted. Prohibits the commissioner from granting an exception for more than one semester at a time. SECTION 7. Makes application of this Act prospective beginning with the 2000-2001 school year. SECTION 8. Emergency clause.