By Dutton                                              H.B. No. 868
         77R2138 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 limitation
1-14     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, 2001.
2-13           SECTION 3.  Section 25.112, Education Code, as amended by
2-14     this Act, applies beginning with the 2003-2004 school year.