By Bernsen                                             S.B. No. 476
         77R3849 ESH-F                           
                                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(a), Education Code, is amended to
 1-5     read as follows:
 1-6           (a)  Except as otherwise authorized by this section, a school
 1-7     district may not enroll more than 18 students in each
 1-8     prekindergarten class or other instructional setting or 22 students
 1-9     in each [a] kindergarten, first, second, third, [or] fourth, or
1-10     fifth grade class or other instructional setting. These limitations
1-11     do [That limitation does] not apply during:
1-12                 (1)  any 12-week period of the school year selected by
1-13     the district, in the case of a district whose average daily
1-14     attendance is adjusted under Section 42.005(c); or
1-15                 (2)  the last 12 weeks of any school year in the case
1-16     of any other district.
1-17           SECTION 2. Section 25.112, Education Code, is amended by
1-18     amending Subsection (d) and adding Subsections (e)-(h) to read as
1-19     follows:
1-20           (d)  On application of a school district, the commissioner
1-21     may except the district from the limit in Subsection (a)  if the
1-22     commissioner finds the limit works an undue hardship on the
1-23     district.  The commissioner may not grant an exception for a campus
1-24     that was identified as low-performing under Section 39.131(b) in
 2-1     the preceding school year.  An exception expires at the end of the
 2-2     semester for which it is granted, and the commissioner may not
 2-3     grant an exception for more than one semester at a time.
 2-4           (e)  The commissioner may not grant an exception to a school
 2-5     district for more than four consecutive semesters unless, for each
 2-6     year in which a campus received an exception, on each assessment
 2-7     instrument administered under Subchapter B, Chapter 39, at the
 2-8     campus, the campus has shown improvement in the performance of all
 2-9     students and of each student group for which performance indicators
2-10     are disaggregated. This subsection does not apply to a student
2-11     group at a campus that performs at the recognized or exemplary
2-12     level on each assessment instrument.
2-13           (f)  A district that requests an exception for a third or
2-14     subsequent consecutive semester shall hold a meeting for parents
2-15     and community members at each campus covered by the exception to
2-16     discuss:
2-17                 (1)  the continued need for the exception;
2-18                 (2)  the specific steps the district will take to
2-19     achieve compliance with Subsection (a); and
2-20                 (3)  the semester by which the need for future
2-21     exceptions will be eliminated.
2-22           (g)  The board of trustees of a district that requests an
2-23     exception for a  seventh or subsequent consecutive semester at any
2-24     campus shall hold a public hearing to discuss:
2-25                 (1)  the continued need for the exception;
2-26                 (2)  the specific steps the district will take to
2-27     achieve compliance with Subsection (a); and
 3-1                 (3)  the semester by which the need for future
 3-2     exceptions will be eliminated.
 3-3           (h)  The actions that the district will take under Subsection
 3-4     (f) or (g) to achieve compliance with Subsection (a)  must be
 3-5     included in the district and campus improvement plans under
 3-6     Subchapter F, Chapter 11.
 3-7           SECTION 3. Subchapter D, Chapter 25, Education Code, is
 3-8     amended by adding Section 25.113 to read as follows:
 3-9           Sec. 25.113.  NOTICE OF CLASS SIZE. (a)  A campus or district
3-10     that is granted an exception under Section 25.112(d) from class
3-11     size limits shall provide written notice of the exception to the
3-12     parent of or person standing in parental relation to each student
3-13     affected by the exception.  The notice must:
3-14                 (1)  specify the class for which an exception from the
3-15     limit imposed by Section 25.112(a) was granted;
3-16                 (2)  state the number of children in the class for
3-17     which the exception was granted; and
3-18                 (3)  be included in a regular mailing or other
3-19     communication from the campus or district, such as information sent
3-20     home with students.
3-21           (b)  The notice required by Subsection (a)  must be provided
3-22     not later than the 31st day after:
3-23                 (1)  the first day of the school year; or
3-24                 (2)  the date the exception is granted, if the
3-25     exception is granted after the beginning of the school year.
3-26           SECTION 4. Section 39.183, Education Code, is amended to read
3-27     as follows:
 4-1           Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT. The agency
 4-2     shall prepare and deliver to the governor, the lieutenant governor,
 4-3     the speaker of the house of representatives, each member of the
 4-4     legislature, the Legislative Budget Board, and the clerks of the
 4-5     standing committees of the senate and house of representatives with
 4-6     primary jurisdiction over the public school system a regional and
 4-7     district level report covering the preceding two school years and
 4-8     containing:
 4-9                 (1)  a summary of school district compliance with the
4-10     student/teacher ratios and class-size limitations prescribed by
4-11     Sections 25.111 and 25.112, including:
4-12                       (A)  the number of campuses and classes at each
4-13     campus [districts] granted an exception from Section 25.112; and
4-14                       (B)  the performance rating under Subchapter D of
4-15     each campus granted an exception from Section 25.112;
4-16                 (2)  a summary of the exemptions and waivers granted to
4-17     school districts under Section 7.056 or 39.112 and a review of the
4-18     effectiveness of each campus or district following deregulation;
4-19                 (3)  an evaluation of the performance of the system of
4-20     regional education service centers based on the indicators adopted
4-21     under Section 8.101 and client satisfaction with services provided
4-22     under Subchapter B, Chapter 8; and
4-23                 (4)  an evaluation of accelerated instruction programs
4-24     offered under Section 28.006, including an assessment of the
4-25     quality of such programs and the performance of students enrolled
4-26     in such programs.
4-27           SECTION 5. This Act applies beginning with the 2001-2002
 5-1     school year, except that Section 25.112(a), Education Code, as
 5-2     amended by this Act, applies beginning with the 2002-2003 school
 5-3     year.
 5-4           SECTION 6. (a)  Except as provided by Subsection (b) of this
 5-5     section, this Act takes effect immediately if it receives a vote of
 5-6     two-thirds of all the members elected to each house, as provided by
 5-7     Section 39, Article III, Texas Constitution.  If this Act does not
 5-8     receive the vote necessary for immediate effect, this Act takes
 5-9     effect September 1, 2001.
5-10           (b)  Section 1 of this Act takes effect July 1, 2002.