1-1     By:  Dunnam, et al. (Senate Sponsor - Bernsen)        H.B. No. 3313
 1-2           (In the Senate - Received from the House May 2, 2001;
 1-3     May 3, 2001, read first time and referred to Committee on
 1-4     Education; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to elementary class size limits in public schools.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Section 25.112(d), Education Code, is amended to
1-11     read as follows:
1-12           (d)  On application of a school district, the commissioner
1-13     may except the district from the limit in Subsection (a) if the
1-14     commissioner finds the limit works an undue hardship on the
1-15     district. An exception expires at the end of the semester for which
1-16     it is granted, and the commissioner may not grant an exception for:
1-17                 (1)  more than one semester at a time; or
1-18                 (2)  more than two consecutive semesters, except that
1-19     this limitation does not apply to:
1-20                       (A)  a school district in which the average daily
1-21     attendance has increased by 10 percent or more in the preceding
1-22     two-year period; or
1-23                       (B)  a school district with fewer than 1,000
1-24     students in average daily attendance.
1-25           SECTION 2. Subchapter D, Chapter 25, Education Code, is
1-26     amended by adding Section 25.113 to read as follows:
1-27           Sec. 25.113.  NOTICE OF CLASS SIZE. (a)  A campus or district
1-28     that is granted an exception under Section 25.112(d) from class
1-29     size limits shall provide written notice of the exception to the
1-30     parent of or person standing in parental relation to each student
1-31     affected by the exception.  The notice must be in conspicuous bold
1-32     or underlined print and:
1-33                 (1)  specify the class for which an exception from the
1-34     limit imposed by Section 25.112(a) was granted;
1-35                 (2)  state the number of children in the class for
1-36     which the exception was granted; and
1-37                 (3)  be included in a regular mailing or other
1-38     communication from the campus or district, such as information sent
1-39     home with students.
1-40           (b)  The notice required by Subsection (a)  must be provided
1-41     not later than the 31st day after:
1-42                 (1)  the first day of the school year; or
1-43                 (2)  the date the exception is granted, if the
1-44     exception is granted after the beginning of the school year.
1-45           SECTION 3. Section 39.183, Education Code, is amended to read
1-46     as follows:
1-47           Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT. The agency
1-48     shall prepare and deliver to the governor, the lieutenant governor,
1-49     the speaker of the house of representatives, each member of the
1-50     legislature, the Legislative Budget Board, and the clerks of the
1-51     standing committees of the senate and house of representatives with
1-52     primary jurisdiction over the public school system a regional and
1-53     district level report covering the preceding two school years and
1-54     containing:
1-55                 (1)  a summary of school district compliance with the
1-56     student/teacher ratios and class-size limitations prescribed by
1-57     Sections 25.111 and 25.112, including:
1-58                       (A)  the number of campuses and classes at each
1-59     campus [districts] granted an exception from Section 25.112; and
1-60                       (B)  the performance rating under Subchapter D of
1-61     each campus granted an exception from Section 25.112;
1-62                 (2)  a summary of the exemptions and waivers granted to
1-63     school districts under Section 7.056 or 39.112 and a review of the
1-64     effectiveness of each campus or district following deregulation;
 2-1                 (3)  an evaluation of the performance of the system of
 2-2     regional education service centers based on the indicators adopted
 2-3     under Section 8.101 and client satisfaction with services provided
 2-4     under Subchapter B, Chapter 8; [and]
 2-5                 (4)  an evaluation of accelerated instruction programs
 2-6     offered under Section 28.006, including an assessment of the
 2-7     quality of such programs and the performance of students enrolled
 2-8     in such programs; and
 2-9                 (5)  the number of classes at each campus that are
2-10     currently being taught by individuals who are not certified in the
2-11     content areas of their respective classes.
2-12           SECTION 4. This Act applies beginning with the 2001-2002
2-13     school year.
2-14           SECTION 5. This Act takes effect immediately if it receives a
2-15     vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.
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