82S10100 EAH-D
 
  By: Eissler H.B. No. 18
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to elementary class size limits 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 Subsection (d) and adding Subsections (d-1) and (e-1) to
  read as follows:
         (d)  On application of a school district, the commissioner
  shall [may] except the district from the limit in Subsection (a),
  except as provided by Subsection (d-1) [if the commissioner finds
  the limit works an undue hardship on the district].  An exception
  expires at the end of the school year for which it is granted.
         (d-1)  The commissioner may not grant an exception to a
  school district under Subsection (d) if the exception would:
               (1)  allow the district to enroll more than 25 students
  in a class at a grade level subject to the limit in Subsection (a);
               (2)  result in the district exceeding a district-wide
  average enrollment of 22 students in classes at grade levels
  subject to the limit under Subsection (a); or
               (3)  negatively affect the education of students
  enrolled in the district or at a district campus, as applicable, as
  determined by the commissioner.
         (e-1)  The board of trustees of a school district may adopt a
  policy authorizing the superintendent of the district to apply on
  behalf of the district, as needed, for an exception under
  Subsection (d).
         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 or
  shall post notice of the exception on the district's Internet
  website.  The notice under this subsection must be in conspicuous
  bold or underlined print or type and:
               (1)  specify the class for which an exception from 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)  unless posted on the district's Internet website,
  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 with the 2011-2012
  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 on the 91st day after the last day of the
  legislative session.