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.
2-19 * * * * *