81R11100 CS-D
 
  By: Eiland H.B. No. 2452
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to size limitations for certain physical education classes
  in public schools.
         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 kindergarten,
  first, second, third, or fourth grade class, including a physical
  education 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, the commissioner
  may, for any class other than a physical education class, 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.
         SECTION 2.  This Act applies beginning with the 2009-2010
  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.