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.