| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to class size limits for certain grade levels in public |
|
|
schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 7.056(e) and (f), Education Code, are |
|
|
amended to read as follows: |
|
|
(e) Except as provided by Subsection (f), a school campus or |
|
|
district may not receive an exemption or waiver under this section |
|
|
from: |
|
|
(1) a prohibition on conduct that constitutes a |
|
|
criminal offense; |
|
|
(2) a requirement imposed by federal law or rule, |
|
|
including a requirement for special education or bilingual |
|
|
education programs; or |
|
|
(3) a requirement, restriction, or prohibition |
|
|
relating to: |
|
|
(A) essential knowledge or skills under Section |
|
|
28.002 or high school graduation requirements under Section 28.025; |
|
|
(B) public school accountability as provided by |
|
|
Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; |
|
|
(C) extracurricular activities under Section |
|
|
33.081 or participation in a University Interscholastic League |
|
|
area, regional, or state competition under Section 33.0812; |
|
|
(D) health and safety under Chapter 38; |
|
|
(E) purchasing under Subchapter B, Chapter 44; |
|
|
(F) [elementary school] class size limits under |
|
|
Section 25.112, except as otherwise provided by that section |
|
|
[Section 25.112]; |
|
|
(G) removal of a disruptive student from the |
|
|
classroom under Subchapter A, Chapter 37; |
|
|
(H) at-risk programs under Subchapter C, Chapter |
|
|
29; |
|
|
(I) prekindergarten programs under Subchapter E, |
|
|
Chapter 29; |
|
|
(J) educator rights and benefits under |
|
|
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
|
|
A, Chapter 22; |
|
|
(K) special education programs under Subchapter |
|
|
A, Chapter 29; |
|
|
(L) bilingual education programs under |
|
|
Subchapter B, Chapter 29; or |
|
|
(M) the requirements for the first day of |
|
|
instruction under Section 25.0811. |
|
|
(f) A school district or campus that is required to develop |
|
|
and implement a student achievement improvement plan under |
|
|
Subchapter A, Chapter 39A, or Section 39A.051 may receive an |
|
|
exemption or waiver under this section from any law or rule other |
|
|
than: |
|
|
(1) a prohibition on conduct that constitutes a |
|
|
criminal offense; |
|
|
(2) a requirement imposed by federal law or rule; |
|
|
(3) a requirement, restriction, or prohibition |
|
|
imposed by state law or rule relating to: |
|
|
(A) public school accountability as provided by |
|
|
Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; [or] |
|
|
(B) educator rights and benefits under |
|
|
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
|
|
A, Chapter 22; or |
|
|
(C) class size limits for fifth, sixth, seventh, |
|
|
and eighth grade classes under Section 25.112; or |
|
|
(4) selection of instructional materials under |
|
|
Chapter 31. |
|
|
SECTION 2. Section 12.013(b), Education Code, as amended by |
|
|
Chapters 887 (S.B. 1697) and 1046 (S.B. 1365), Acts of the 87th |
|
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
|
read as follows: |
|
|
(b) A home-rule school district is subject to: |
|
|
(1) a provision of this title establishing a criminal |
|
|
offense; |
|
|
(2) a provision of this title relating to limitations |
|
|
on liability; and |
|
|
(3) a prohibition, restriction, or requirement, as |
|
|
applicable, imposed by this title or a rule adopted under this |
|
|
title, relating to: |
|
|
(A) the Public Education Information Management |
|
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
|
this subchapter as determined by the commissioner; |
|
|
(B) educator certification under Chapter 21 and |
|
|
educator rights under Sections 21.407, 21.408, and 22.001; |
|
|
(C) criminal history records under Subchapter C, |
|
|
Chapter 22; |
|
|
(D) student admissions under Section 25.001; |
|
|
(E) school attendance under Sections 25.085, |
|
|
25.086, and 25.087; |
|
|
(F) inter-district or inter-county transfers of |
|
|
students under Subchapter B, Chapter 25; |
|
|
(G) [elementary] class size limits under Section |
|
|
25.112, except that the limits for prekindergarten, kindergarten, |
|
|
and first, second, third, and fourth grade classes under that |
|
|
section apply only to a[, in the case of any] campus in the district |
|
|
that fails to satisfy any standard under Section 39.054(e); |
|
|
(H) high school graduation under Section 28.025; |
|
|
(I) special education programs under Subchapter |
|
|
A, Chapter 29; |
|
|
(J) bilingual education under Subchapter B, |
|
|
Chapter 29; |
|
|
(K) prekindergarten programs under Subchapter E, |
|
|
Chapter 29; |
|
|
(L) safety provisions relating to the |
|
|
transportation of students under Sections 34.002, 34.003, 34.004, |
|
|
and 34.008; |
|
|
(M) computation and distribution of state aid |
|
|
under Chapters 31, 43, and 48; |
|
|
(N) extracurricular activities under Section |
|
|
33.081; |
|
|
(O) health and safety under Chapter 38; |
|
|
(P) the provisions of Subchapter A, Chapter 39; |
|
|
(Q) public school accountability and special |
|
|
investigations under Subchapters A, B, C, D, and J, Chapter 39, and |
|
|
Chapter 39A; |
|
|
(R) options for local revenue levels in excess of |
|
|
entitlement under Chapter 49; |
|
|
(S) a bond or other obligation or tax rate under |
|
|
Chapters 43, 45, and 48; |
|
|
(T) purchasing under Chapter 44; and |
|
|
(U) [(T)] parental options to retain a student |
|
|
under Section 28.02124. |
|
|
SECTION 3. Section 12.104(b), Education Code, as amended by |
|
|
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
|
|
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
|
|
Session, 2021, is reenacted and amended to read as follows: |
|
|
(b) An open-enrollment charter school is subject to: |
|
|
(1) a provision of this title establishing a criminal |
|
|
offense; |
|
|
(2) the provisions in Chapter 554, Government Code; |
|
|
and |
|
|
(3) a prohibition, restriction, or requirement, as |
|
|
applicable, imposed by this title or a rule adopted under this |
|
|
title, relating to: |
|
|
(A) the Public Education Information Management |
|
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
|
this subchapter as determined by the commissioner; |
|
|
(B) criminal history records under Subchapter C, |
|
|
Chapter 22; |
|
|
(C) reading instruments and accelerated reading |
|
|
instruction programs under Section 28.006; |
|
|
(D) accelerated instruction under Section |
|
|
28.0211; |
|
|
(E) high school graduation requirements under |
|
|
Section 28.025; |
|
|
(F) special education programs under Subchapter |
|
|
A, Chapter 29; |
|
|
(G) bilingual education under Subchapter B, |
|
|
Chapter 29; |
|
|
(H) prekindergarten programs under Subchapter E |
|
|
or E-1, Chapter 29, except class size limits for prekindergarten |
|
|
classes imposed under Section 25.112, which do not apply; |
|
|
(I) class size limits for fifth, sixth, seventh, |
|
|
and eighth grade classes under Section 25.112; |
|
|
(J) extracurricular activities under Section |
|
|
33.081; |
|
|
(K) [(J)] discipline management practices or |
|
|
behavior management techniques under Section 37.0021; |
|
|
(L) [(K)] health and safety under Chapter 38; |
|
|
(M) [(L)] the provisions of Subchapter A, |
|
|
Chapter 39; |
|
|
(N) [(M)] public school accountability and |
|
|
special investigations under Subchapters A, B, C, D, F, G, and J, |
|
|
Chapter 39, and Chapter 39A; |
|
|
(O) [(N)] the requirement under Section 21.006 |
|
|
to report an educator's misconduct; |
|
|
(P) [(O)] intensive programs of instruction |
|
|
under Section 28.0213; |
|
|
(Q) [(P)] the right of a school employee to |
|
|
report a crime, as provided by Section 37.148; |
|
|
(R) [(Q)] bullying prevention policies and |
|
|
procedures under Section 37.0832; |
|
|
(S) [(R)] the right of a school under Section |
|
|
37.0052 to place a student who has engaged in certain bullying |
|
|
behavior in a disciplinary alternative education program or to |
|
|
expel the student; |
|
|
(T) [(S)] the right under Section 37.0151 to |
|
|
report to local law enforcement certain conduct constituting |
|
|
assault or harassment; |
|
|
(U) [(T)] a parent's right to information |
|
|
regarding the provision of assistance for learning difficulties to |
|
|
the parent's child as provided by Sections 26.004(b)(11) and |
|
|
26.0081(c) and (d); |
|
|
(V) [(U)] establishment of residency under |
|
|
Section 25.001; |
|
|
(W) [(V)] school safety requirements under |
|
|
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, |
|
|
37.1141, 37.115, 37.207, and 37.2071; |
|
|
(X) [(W)] the early childhood literacy and |
|
|
mathematics proficiency plans under Section 11.185; |
|
|
(Y) [(X)] the college, career, and military |
|
|
readiness plans under Section 11.186; and |
|
|
(Z) [(X)] parental options to retain a student |
|
|
under Section 28.02124. |
|
|
SECTION 4. Section 12A.004(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) A local innovation plan may not provide for the |
|
|
exemption of a district designated as a district of innovation from |
|
|
the following provisions of this title: |
|
|
(1) a state or federal requirement applicable to an |
|
|
open-enrollment charter school operating under Subchapter D, |
|
|
Chapter 12; |
|
|
(2) Subchapters A, C, D, and E, Chapter 11, except that |
|
|
a district may be exempt from Sections 11.1511(b)(5) and (14) and |
|
|
Section 11.162; |
|
|
(3) state curriculum and graduation requirements |
|
|
adopted under Chapter 28; [and] |
|
|
(4) academic and financial accountability and |
|
|
sanctions under Chapters 39 and 39A; and |
|
|
(5) class size limits for fifth, sixth, seventh, and |
|
|
eighth grade classes under Section 25.112. |
|
|
SECTION 5. Section 25.112, Education Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (a-1) and (a-2) 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, fifth, sixth, |
|
|
seventh, or eighth 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 48.005(c); or |
|
|
(2) the last 12 weeks of any school year in the case of |
|
|
any other district. |
|
|
(a-1) Notwithstanding Subsection (a), the limit under that |
|
|
subsection for a fifth, sixth, seventh, or eighth grade class |
|
|
applies beginning with: |
|
|
(1) for a fifth grade class, the 2024-2025 school |
|
|
year; |
|
|
(2) for a sixth grade class, the 2025-2026 school |
|
|
year; |
|
|
(3) for a seventh grade class, the 2026-2027 school |
|
|
year; and |
|
|
(4) for an eighth grade class, the 2027-2028 school |
|
|
year. |
|
|
(a-2) Subsection (a-1) and this subsection expire September |
|
|
1, 2029. |
|
|
SECTION 6. Sections 39.232(b) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) A school campus or district is not exempt under this |
|
|
section from: |
|
|
(1) a prohibition on conduct that constitutes a |
|
|
criminal offense; |
|
|
(2) requirements imposed by federal law or rule, |
|
|
including requirements for special education or bilingual |
|
|
education programs; or |
|
|
(3) a requirement, restriction, or prohibition |
|
|
relating to: |
|
|
(A) curriculum essential knowledge and skills |
|
|
under Section 28.002 or high school graduation requirements under |
|
|
Section 28.025; |
|
|
(B) public school accountability as provided by |
|
|
Subchapters B, C, D, and J and Chapter 39A; |
|
|
(C) extracurricular activities under Section |
|
|
33.081; |
|
|
(D) health and safety under Chapter 38; |
|
|
(E) purchasing under Subchapter B, Chapter 44; |
|
|
(F) [elementary school] class size limits, |
|
|
except as provided by Subsection (d) or Section 25.112; |
|
|
(G) removal of a disruptive student from the |
|
|
classroom under Subchapter A, Chapter 37; |
|
|
(H) at risk programs under Subchapter C, Chapter |
|
|
29; |
|
|
(I) prekindergarten programs under Subchapter E, |
|
|
Chapter 29; |
|
|
(J) rights and benefits of school employees; |
|
|
(K) special education programs under Subchapter |
|
|
A, Chapter 29; or |
|
|
(L) bilingual education programs under |
|
|
Subchapter B, Chapter 29. |
|
|
(d) The commissioner may exempt an exemplary school campus |
|
|
under Subchapter G from [elementary] class size limits for |
|
|
prekindergarten, kindergarten, first, second, third, and fourth |
|
|
grade classes under this section if the school campus submits to the |
|
|
commissioner a written plan showing steps that will be taken to |
|
|
ensure that the exemption from the class size limits will not be |
|
|
harmful to the academic achievement of the students on the school |
|
|
campus. The commissioner shall review achievement levels annually. |
|
|
The exemption remains in effect until the commissioner determines |
|
|
that achievement levels of the campus have declined. |
|
|
SECTION 7. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 88th Legislature, Regular Session, 2023, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 8. This Act takes effect September 1, 2023. |