By Garcia H.B. No. 1144
76R169 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school class sizes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7.056(e), Education Code, is amended to
1-5 read as follows:
1-6 (e) Except as provided by Subsection (f), a school campus or
1-7 district may not receive an exemption or waiver under this section
1-8 from:
1-9 (1) a prohibition on conduct that constitutes a
1-10 criminal offense;
1-11 (2) a requirement imposed by federal law or rule,
1-12 including a requirement for special education or bilingual
1-13 education programs; or
1-14 (3) a requirement, restriction, or prohibition
1-15 relating to:
1-16 (A) essential knowledge or skills under Section
1-17 28.002 or minimum graduation requirements under Section 28.025;
1-18 (B) public school accountability as provided by
1-19 Subchapters B, C, D, and G, Chapter 39;
1-20 (C) extracurricular activities under Section
1-21 33.081;
1-22 (D) health and safety under Chapter 38;
1-23 (E) purchasing under Subchapter B, Chapter 44;
1-24 (F) [elementary school] class size limits[,
2-1 except as provided by Section 25.112];
2-2 (G) removal of a disruptive student from the
2-3 classroom under Subchapter A, Chapter 37;
2-4 (H) at-risk programs under Subchapter C, Chapter
2-5 29;
2-6 (I) prekindergarten programs under Subchapter E,
2-7 Chapter 29;
2-8 (J) educator rights and benefits under
2-9 Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
2-10 Subchapter A, Chapter 22;
2-11 (K) special education programs under Subchapter
2-12 A, Chapter 29; or
2-13 (L) bilingual education programs under
2-14 Subchapter B, Chapter 29.
2-15 SECTION 2. Section 12.013(b), Education Code, is amended to
2-16 read as follows:
2-17 (b) A home-rule school district is subject to:
2-18 (1) a provision of this title establishing a criminal
2-19 offense;
2-20 (2) a provision of this title relating to limitations
2-21 on liability; and
2-22 (3) a prohibition, restriction, or requirement, as
2-23 applicable, imposed by this title or a rule adopted under this
2-24 title, relating to:
2-25 (A) the Public Education Information Management
2-26 System (PEIMS) to the extent necessary to monitor compliance with
2-27 this subchapter as determined by the commissioner;
3-1 (B) educator certification under Chapter 21 and
3-2 educator rights under Sections 21.407, 21.408, and 22.001;
3-3 (C) criminal history records under Subchapter C,
3-4 Chapter 22;
3-5 (D) student admissions under Section 25.001;
3-6 (E) school attendance under Sections 25.085,
3-7 25.086, and 25.087;
3-8 (F) inter-district or inter-county transfers of
3-9 students under Subchapter B, Chapter 25;
3-10 (G) [elementary] class size limits under Section
3-11 25.112, in the case of any campus in the district that is
3-12 considered low-performing under Section 39.131(b);
3-13 (H) high school graduation under Section 28.025;
3-14 (I) special education programs under Subchapter
3-15 A, Chapter 29;
3-16 (J) bilingual education under Subchapter B,
3-17 Chapter 29;
3-18 (K) prekindergarten programs under Subchapter E,
3-19 Chapter 29;
3-20 (L) safety provisions relating to the
3-21 transportation of students under Sections 34.002, 34.003, 34.004,
3-22 and 34.008;
3-23 (M) computation and distribution of state aid
3-24 under Chapters 31, 42, and 43;
3-25 (N) extracurricular activities under Section
3-26 33.081;
3-27 (O) health and safety under Chapter 38;
4-1 (P) public school accountability under
4-2 Subchapters B, C, D, and G, Chapter 39;
4-3 (Q) equalized wealth under Chapter 41;
4-4 (R) a bond or other obligation or tax rate under
4-5 Chapters 42, 43, and 45; and
4-6 (S) purchasing under Chapter 44.
4-7 SECTION 3. Section 25.112(a), Education Code, is amended to
4-8 read as follows:
4-9 (a) Except as otherwise authorized by this section, a school
4-10 district may not enroll more than 22 students in a kindergarten
4-11 or[,] first through ninth[, second, third, or fourth] grade class.
4-12 That limitation does not apply during:
4-13 (1) any 12-week period of the school year selected by
4-14 the district, in the case of a district whose average daily
4-15 attendance is adjusted under Section 42.005(c); or
4-16 (2) the last 12 weeks of any school year in the case
4-17 of any other district.
4-18 SECTION 4. Sections 39.112(b) and (d), Education Code, are
4-19 amended to read as follows:
4-20 (b) A school campus or district is not exempt under this
4-21 section from:
4-22 (1) a prohibition on conduct that constitutes a
4-23 criminal offense;
4-24 (2) requirements imposed by federal law or rule,
4-25 including requirements for special education or bilingual education
4-26 programs; or
4-27 (3) a requirement, restriction, or prohibition
5-1 relating to:
5-2 (A) curriculum essential knowledge and skills
5-3 under Section 28.002 or minimum graduation requirements under
5-4 Section 28.025;
5-5 (B) public school accountability as provided by
5-6 Subchapters B, C, D, and G;
5-7 (C) extracurricular activities under Section
5-8 33.081;
5-9 (D) health and safety under Chapter 38;
5-10 (E) competitive bidding under Subchapter B,
5-11 Chapter 44;
5-12 (F) [elementary school] class size limits,
5-13 except as provided by Subsection (d) [or Section 25.112];
5-14 (G) removal of a disruptive student from the
5-15 classroom under Subchapter A, Chapter 37;
5-16 (H) at risk programs under Subchapter C, Chapter
5-17 29;
5-18 (I) prekindergarten programs under Subchapter E,
5-19 Chapter 29;
5-20 (J) rights and benefits of school employees;
5-21 (K) special education programs under Subchapter
5-22 A, Chapter 29; or
5-23 (L) bilingual education programs under
5-24 Subchapter B, Chapter 29.
5-25 (d) The commissioner may exempt an exemplary school campus
5-26 from [elementary] class size limits under this section if the
5-27 school campus submits to the commissioner a written plan showing
6-1 steps that will be taken to ensure that the exemption from the
6-2 class size limits will not be harmful to the academic achievement
6-3 of the students on the school campus. The commissioner shall
6-4 review achievement levels annually. The exemption remains in
6-5 effect until the commissioner determines that achievement levels of
6-6 the campus have declined.
6-7 SECTION 5. Section 39.183, Education Code, is amended to
6-8 read as follows:
6-9 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
6-10 shall prepare and deliver to the governor, the lieutenant governor,
6-11 the speaker of the house of representatives, each member of the
6-12 legislature, the Legislative Budget Board, and the clerks of the
6-13 standing committees of the senate and house of representatives with
6-14 primary jurisdiction over the public school system a regional and
6-15 district level report covering the preceding two school years and
6-16 containing:
6-17 (1) a summary of school district compliance with the
6-18 student/teacher ratios and class-size limitations prescribed by
6-19 Sections 25.111 and 25.112[, including the number of districts
6-20 granted an exception from Section 25.112];
6-21 (2) a summary of the exemptions and waivers granted to
6-22 school districts under Section 7.056 or 39.112 and a review of the
6-23 effectiveness of each campus or district following deregulation;
6-24 and
6-25 (3) an evaluation of the performance of the system of
6-26 regional education service centers based on the indicators adopted
6-27 under Section 8.101 and client satisfaction with services provided
7-1 under Subchapter B, Chapter 8.
7-2 SECTION 6. Section 25.112(d), Education Code, is repealed.
7-3 SECTION 7. This Act applies beginning with the 2000-2001
7-4 school year.
7-5 SECTION 8. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended.