79R7053 SLO-D

By:  Farabee                                                      H.B. No. 2770



A BILL TO BE ENTITLED

AN ACT

relating to limits on the size of prekindergarten classes in public 
schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.112, Education Code, is amended by 
amending Subsections (a) and (d) and adding Subsections (a-1) and 
(a-2) to read as follows:
	(a)  Except as otherwise authorized by this section, a school 
district may not enroll more than:
		(1)  18 students in a prekindergarten class; or                        
		(2)  22 students in a kindergarten, first, second, 
third, or fourth grade class.
	(a-1)  For purposes of Subsection (a)(1), a student who is 
eligible to participate in a school district's special education 
program under Section 29.003 is counted as two students.
	(a-2)  A limit imposed by Subsection (a) [That limitation] 
does not apply during:
		(1)  any 12-week period of the school year selected by 
the district, in the case of a district whose average daily 
attendance is adjusted under Section 42.005(c); or
		(2)  the last 12 weeks of any school year in the case of 
any other district.
	(d)  On application of a school district, the commissioner 
may except the district from a [the] limit imposed by [in] 
Subsection (a) if the commissioner finds the limit works an undue 
hardship on the district.  An exception expires at the end of the 
semester for which it is granted, and the commissioner may not grant 
an exception for[:
		[(1)] more than one semester at a time.                      
	SECTION 2.  Section 25.113(a), Education Code, is amended to 
read as follows:
	(a)  A campus or district that is granted an exception under 
Section 25.112(d) from class size limits shall provide written 
notice of the exception to the parent of or person standing in 
parental relation to each student affected by the exception.  The 
notice must be in conspicuous bold or underlined print and:
		(1)  specify the class for which an exception from a
[the] limit imposed by Section 25.112(a) was granted;
		(2)  state the number of children in the class for which 
the exception was granted; and
		(3)  be included in a regular mailing or other 
communication from the campus or district, such as information sent 
home with students.
	SECTION 3.  This Act applies beginning in the 2005-2006 
school year.         
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.