81R897 CAE-F
 
  By: Bolton H.B. No. 1001
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limits on the size of public school classes in
  prekindergarten, kindergarten, and grades one through four.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 25.112(a) and (d), Education Code, are
  amended to read as follows:
         (a)  Except as otherwise authorized by this section, a school
  district may not enroll more than 22 students in a prekindergarten,
  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.
         (d)  On application of a school district for a campus, the
  commissioner may except the campus [district] from the limit in
  Subsection (a) if the commissioner finds the limit works an undue
  hardship on the campus [district]. An exception expires at the end
  of the semester for which it is granted, and the commissioner may
  not grant a campus an exception for:
               (1)  more than one semester at a time; or
               (2)  more than two semesters in a three-year period.
         SECTION 2.  Section 25.112, Education Code, as amended by
  this Act, applies beginning with the 2009-2010 school year. For
  purposes of Section 25.112(d), Education Code, as amended by this
  Act, an exception granted to a campus under that subsection as it
  existed before amendment by this Act for the 2007-2008 or 2008-2009
  school year is included in determining the eligibility of the
  campus for an exception in the 2009-2010 or 2010-2011 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, 2009.