By Dunnam, et al.                                     H.B. No. 3313
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to elementary class size limits in public schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 25.112(d), Education Code, is amended to
 1-5     read as follows:
 1-6           (d)  On application of a school district, the commissioner
 1-7     may except the district from the limit in Subsection (a) if the
 1-8     commissioner finds the limit works an undue hardship on the
 1-9     district. An exception expires at the end of the semester for which
1-10     it is granted, and the commissioner may not grant an exception for:
1-11                 (1)  more than one semester at a time; or
1-12                 (2)  more than two consecutive semesters, except that
1-13     this limitation does not apply to:
1-14                       (A)  a school district in which the average daily
1-15     attendance has increased by 10 percent or more in the preceding
1-16     two-year period; or
1-17                       (B)  a school district with fewer than 1,000
1-18     students in average daily attendance.
1-19           SECTION 2. Subchapter D, Chapter 25, Education Code, is
1-20     amended by adding Section 25.113 to read as follows:
1-21           Sec. 25.113.  NOTICE OF CLASS SIZE. (a)  A campus or district
1-22     that is granted an exception under Section 25.112(d) from class
1-23     size limits shall provide written notice of the exception to the
1-24     parent of or person standing in parental relation to each student
 2-1     affected by the exception.  The notice must be in conspicuous bold
 2-2     or underlined print and:
 2-3                 (1)  specify the class for which an exception from the
 2-4     limit imposed by Section 25.112(a) was granted;
 2-5                 (2)  state the number of children in the class for
 2-6     which the exception was granted; and
 2-7                 (3)  be included in a regular mailing or other
 2-8     communication from the campus or district, such as information sent
 2-9     home with students.
2-10           (b)  The notice required by Subsection (a)  must be provided
2-11     not later than the 31st day after:
2-12                 (1)  the first day of the school year; or
2-13                 (2)  the date the exception is granted, if the
2-14     exception is granted after the beginning of the school year.
2-15           SECTION 3. Section 39.183, Education Code, is amended to read
2-16     as follows:
2-17           Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT. The agency
2-18     shall prepare and deliver to the governor, the lieutenant governor,
2-19     the speaker of the house of representatives, each member of the
2-20     legislature, the Legislative Budget Board, and the clerks of the
2-21     standing committees of the senate and house of representatives with
2-22     primary jurisdiction over the public school system a regional and
2-23     district level report covering the preceding two school years and
2-24     containing:
2-25                 (1)  a summary of school district compliance with the
2-26     student/teacher ratios and class-size limitations prescribed by
2-27     Sections 25.111 and 25.112, including:
 3-1                       (A)  the number of campuses and classes at each
 3-2     campus [districts] granted an exception from Section 25.112; and
 3-3                       (B)  the performance rating under Subchapter D of
 3-4     each campus granted an exception from Section 25.112;
 3-5                 (2)  a summary of the exemptions and waivers granted to
 3-6     school districts under Section 7.056 or 39.112 and a review of the
 3-7     effectiveness of each campus or district following deregulation;
 3-8                 (3)  an evaluation of the performance of the system of
 3-9     regional education service centers based on the indicators adopted
3-10     under Section 8.101 and client satisfaction with services provided
3-11     under Subchapter B, Chapter 8; [and]
3-12                 (4)  an evaluation of accelerated instruction programs
3-13     offered under Section 28.006, including an assessment of the
3-14     quality of such programs and the performance of students enrolled
3-15     in such programs; and
3-16                 (5)  the number of classes at each campus that are
3-17     currently being taught by individuals who are not certified in the
3-18     content areas of their respective classes.
3-19           SECTION 4. This Act applies beginning with the 2001-2002
3-20     school year.
3-21           SECTION 5. This Act takes effect immediately if it receives a
3-22     vote of two-thirds of all the members elected to each house, as
3-23     provided by Section 39, Article III, Texas Constitution.  If this
3-24     Act does not receive the vote necessary for immediate effect, this
3-25     Act takes effect September 1, 2001.