| 1 | 1 | | 81R705 CAE-D |
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| 2 | 2 | | By: Dutton H.B. No. 294 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a maximum class size for certain public school students |
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| 8 | 8 | | who perform poorly on an assessment instrument. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 25.112(a), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Except as otherwise authorized by this section and |
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| 13 | 13 | | except as provided by Section 25.114, a school district may not |
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| 14 | 14 | | enroll more than 22 students in a kindergarten, first, second, |
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| 15 | 15 | | third, or fourth grade class. That limitation does not apply |
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| 16 | 16 | | during: |
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| 17 | 17 | | (1) any 12-week period of the school year selected by |
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| 18 | 18 | | the district, in the case of a district whose average daily |
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| 19 | 19 | | attendance is adjusted under Section 42.005(c); or |
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| 20 | 20 | | (2) the last 12 weeks of any school year in the case of |
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| 21 | 21 | | any other district. |
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| 22 | 22 | | SECTION 2. Subchapter D, Chapter 25, Education Code, is |
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| 23 | 23 | | amended by adding Section 25.114 to read as follows: |
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| 24 | 24 | | Sec. 25.114. MAXIMUM CLASS SIZE FOR CERTAIN ELEMENTARY |
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| 25 | 25 | | SCHOOL STUDENTS. If a student in the third, fourth, or fifth grade |
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| 26 | 26 | | at a campus does not perform satisfactorily on an assessment |
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| 27 | 27 | | instrument administered under Section 39.023(a), that campus may |
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| 28 | 28 | | not enroll the student in a class with more than nine other students |
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| 29 | 29 | | until the student completes the sixth grade. |
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| 30 | 30 | | SECTION 3. This Act applies beginning with the 2010-2011 |
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| 31 | 31 | | school year. |
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| 32 | 32 | | SECTION 4. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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