80R9002 CAE-D
 
  By: Herrero H.B. No. 3433
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to limits on the size of public school classes in
kindergarten and grades one through four.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 25.112(d), Education Code, is amended to
read as follows:
       (d)  On application of a school district, the commissioner
may except the district from the limit 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; or
             (2)  more than two consecutive semesters unless the
commissioner determines that the school district:
                   (A)  has applied for the exception because of a
shortage of instructional facilities in the district; and
                   (B)  is in the process of constructing additional
instructional facilities.
       SECTION 2.  Section 25.112(d), Education Code, as amended by
this Act, applies beginning with the 2007-2008 school year and an
exception granted to a school district under that subsection as it
existed before amendment by this Act for the 2006-2007 school year
is included in determining the eligibility of the school district
for an exception in the 2007-2008 school year.
       SECTION 3.  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, 2007.