By Dunnam                                             H.B. No. 3313
         77R6865 ESH-D                           
                                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     more than one semester at a time or for more than two consecutive
1-12     semesters at any one campus.
1-13           SECTION 2. Subchapter D, Chapter 25, Education Code, is
1-14     amended by adding Section 25.113 to read as follows:
1-15           Sec. 25.113.  NOTICE OF CLASS SIZE. (a)  A campus or district
1-16     that is granted an exception under Section 25.112(d) from class
1-17     size limits shall provide written notice of the exception to the
1-18     parent of or person standing in parental relation to each student
1-19     affected by the exception.  The notice must:
1-20                 (1)  specify the class for which an exception from the
1-21     limit imposed by Section 25.112(a) was granted;
1-22                 (2)  state the number of children in the class for
1-23     which the exception was granted; and
1-24                 (3)  be included in a regular mailing or other
 2-1     communication from the campus or district, such as information sent
 2-2     home with students.
 2-3           (b)  The notice required by Subsection (a)  must be provided
 2-4     not later than the 31st day after:
 2-5                 (1)  the first day of the school year; or
 2-6                 (2)  the date the exception is granted, if the
 2-7     exception is granted after the beginning of the school year.
 2-8           SECTION 3. Section 39.183, Education Code, is amended to read
 2-9     as follows:
2-10           Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT. The agency
2-11     shall prepare and deliver to the governor, the lieutenant governor,
2-12     the speaker of the house of representatives, each member of the
2-13     legislature, the Legislative Budget Board, and the clerks of the
2-14     standing committees of the senate and house of representatives with
2-15     primary jurisdiction over the public school system a regional and
2-16     district level report covering the preceding two school years and
2-17     containing:
2-18                 (1)  a summary of school district compliance with the
2-19     student/teacher ratios and class-size limitations prescribed by
2-20     Sections 25.111 and 25.112, including:
2-21                       (A)  the number of campuses and classes at each
2-22     campus [districts] granted an exception from Section 25.112; and
2-23                       (B)  the performance rating under Subchapter D of
2-24     each campus granted an exception from Section 25.112;
2-25                 (2)  a summary of the exemptions and waivers granted to
2-26     school districts under Section 7.056 or 39.112 and a review of the
2-27     effectiveness of each campus or district following deregulation;
 3-1                 (3)  an evaluation of the performance of the system of
 3-2     regional education service centers based on the indicators adopted
 3-3     under Section 8.101 and client satisfaction with services provided
 3-4     under Subchapter B, Chapter 8; and
 3-5                 (4)  an evaluation of accelerated instruction programs
 3-6     offered under Section 28.006, including an assessment of the
 3-7     quality of such programs and the performance of students enrolled
 3-8     in such programs.
 3-9           SECTION 4. This Act applies beginning with the 2001-2002
3-10     school year.
3-11           SECTION 5. This Act takes effect immediately if it receives a
3-12     vote of two-thirds of all the members elected to each house, as
3-13     provided by Section 39, Article III, Texas Constitution.  If this
3-14     Act does not receive the vote necessary for immediate effect, this
3-15     Act takes effect September 1, 2001.