By Dutton H.B. No. 1134
76R4515 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to elementary school class size limits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.112, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 25.112. CLASS SIZE. (a) Except as otherwise
1-7 authorized by this section, a school district may not enroll more
1-8 than:
1-9 (1) 10 [22] students in a kindergarten, first, second,
1-10 or third[, or fourth] grade class; or
1-11 (2) 15 students in a fourth, fifth, or sixth grade
1-12 class.
1-13 (b) The limits imposed by Subsection (a) do [That
1-14 limitation does] not apply during:
1-15 (1) any 12-week period of the school year selected by
1-16 the district, in the case of a district whose average daily
1-17 attendance is adjusted under Section 42.005(c); or
1-18 (2) the last 12 weeks of any school year in the case
1-19 of any other district.
1-20 (c) [(b)] Not later than the 30th day after the first day of
1-21 the 12-week period for which a district whose average daily
1-22 attendance is adjusted under Section 42.005(c) is claiming an
1-23 exemption under Subsection (b)(1) [(a)], the district shall notify
1-24 the commissioner in writing that the district is claiming an
2-1 exemption for the period stated in the notice.
2-2 (d) [(c)] In determining the number of students to enroll in
2-3 any class, a school district shall consider the subject to be
2-4 taught, the teaching methodology to be used, and any need for
2-5 individual instruction.
2-6 (e) [(d)] On application of a school district, the
2-7 commissioner may except the district from a [the] limit in
2-8 Subsection (a) if the commissioner finds the limit works an undue
2-9 hardship on the district. An exception expires at the end of the
2-10 semester for which it is granted, and the commissioner may not
2-11 grant an exception for more than one semester at a time.
2-12 SECTION 2. This Act takes effect September 1, 1999.
2-13 SECTION 3. Section 25.112, Education Code, as amended by
2-14 this Act, applies beginning with the 2001-2002 school year.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.