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.