By Ellis                                              S.B. No. 1701
         76R6249 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to class size limitations in public schools.
 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 under[,
 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 25.112(a), Education Code, is amended to
2-16     read as follows:
2-17           (a)  A [Except as otherwise authorized by this section, a]
2-18     school district may not enroll more than 17 [22] students in a
2-19     kindergarten, first, second, third, or fourth grade class.  That
2-20     limitation does not apply during:
2-21                 (1)  any 12-week period of the school year selected by
2-22     the district, in the case of a district whose average daily
2-23     attendance is adjusted under Section 42.005(c); or
2-24                 (2)  the last 12 weeks of any school year in the case
2-25     of any other district.
2-26           SECTION 3.  Section 39.112(b), Education Code, is amended to
2-27     read as follows:
 3-1           (b)  A school campus or district is not exempt under this
 3-2     section from:
 3-3                 (1)  a prohibition on conduct that constitutes a
 3-4     criminal offense;
 3-5                 (2)  requirements imposed by federal law or rule,
 3-6     including requirements for special education or bilingual education
 3-7     programs;  or
 3-8                 (3)  a requirement, restriction, or prohibition
 3-9     relating to:
3-10                       (A)  curriculum essential knowledge and skills
3-11     under Section 28.002 or minimum graduation requirements under
3-12     Section 28.025;
3-13                       (B)  public school accountability as provided by
3-14     Subchapters B, C, D, and G;
3-15                       (C)  extracurricular activities under Section
3-16     33.081;
3-17                       (D)  health and safety under Chapter 38;
3-18                       (E)  purchasing [competitive bidding] under
3-19     Subchapter B, Chapter 44;
3-20                       (F)  elementary school class size limits under[,
3-21     except as provided by Subsection (d) or] Section 25.112;
3-22                       (G)  removal of a disruptive student from the
3-23     classroom under Subchapter A, Chapter 37;
3-24                       (H)  at risk programs under Subchapter C, Chapter
3-25     29;
3-26                       (I)  prekindergarten programs under Subchapter E,
3-27     Chapter 29;
 4-1                       (J)  rights and benefits of school employees;
 4-2                       (K)  special education programs under Subchapter
 4-3     A, Chapter 29; or
 4-4                       (L)  bilingual education programs under
 4-5     Subchapter B, Chapter 29.
 4-6           SECTION 4.  Section 39.183, Education Code, is amended to
 4-7     read as follows:
 4-8           Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT.  The agency
 4-9     shall prepare and deliver to the governor, the lieutenant governor,
4-10     the speaker of the house of representatives, each member of the
4-11     legislature, the Legislative Budget Board, and the clerks of the
4-12     standing committees of the senate and house of representatives with
4-13     primary jurisdiction over the public school system a regional and
4-14     district level report covering the preceding two school years and
4-15     containing:
4-16                 (1)  a summary of school district compliance with the
4-17     student/teacher ratios and class-size limitations prescribed by
4-18     Sections 25.111 and 25.112[, including the number of districts
4-19     granted an exception from Section 25.112];
4-20                 (2)  a summary of the exemptions and waivers granted to
4-21     school districts under Section 7.056 or 39.112 and a review of the
4-22     effectiveness of each campus or district following deregulation;
4-23     and
4-24                 (3)  an evaluation of the performance of the system of
4-25     regional education service centers based on the indicators adopted
4-26     under Section 8.101 and client satisfaction with services provided
4-27     under Subchapter B, Chapter 8.
 5-1           SECTION 5.  Sections 25.112(d) and 39.112(d), Education Code,
 5-2     are repealed.
 5-3           SECTION 6.  This Act applies beginning with the 1999-2000
 5-4     school year.
 5-5           SECTION 7.  The importance of this legislation and the
 5-6     crowded condition of the calendars in both houses create an
 5-7     emergency and an imperative public necessity that the
 5-8     constitutional rule requiring bills to be read on three several
 5-9     days in each house be suspended, and this rule is hereby suspended,
5-10     and that this Act take effect and be in force from and after its
5-11     passage, and it is so enacted.