81R705 CAE-D
 
  By: Dutton H.B. No. 294
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a maximum class size for certain public school students
  who perform poorly on an assessment instrument.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.112(a), Education Code, is amended to
  read as follows:
         (a)  Except as otherwise authorized by this section and
  except as provided by Section 25.114, a school district may not
  enroll more than 22 students in a kindergarten, first, second,
  third, or fourth grade class. 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.
         SECTION 2.  Subchapter D, Chapter 25, Education Code, is
  amended by adding Section 25.114 to read as follows:
         Sec. 25.114.  MAXIMUM CLASS SIZE FOR CERTAIN ELEMENTARY
  SCHOOL STUDENTS.  If a student in the third, fourth, or fifth grade
  at a campus does not perform satisfactorily on an assessment
  instrument administered under Section 39.023(a), that campus may
  not enroll the student in a class with more than nine other students
  until the student completes the sixth grade.
         SECTION 3.  This Act applies beginning with the 2010-2011
  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, 2009.