| 1 | 1 | | 81R293 JRJ-D |
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| 2 | 2 | | By: Raymond H.B. No. 326 |
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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 limits on the size of prekindergarten classes in public |
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| 8 | 8 | | schools. |
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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. Sections 25.112(a) and (d), Education Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as otherwise authorized by this section, a school |
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| 13 | 13 | | district may not enroll more than 18 students in a prekindergarten |
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| 14 | 14 | | class or 22 students in a kindergarten, first, second, third, or |
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| 15 | 15 | | fourth grade class. A limit imposed by this subsection [That |
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| 16 | 16 | | limitation] does not apply 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 | | (d) On application of a school district, the commissioner |
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| 23 | 23 | | may except the district from a [the] limit imposed by [in] |
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| 24 | 24 | | Subsection (a) if the commissioner finds the limit works an undue |
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| 25 | 25 | | hardship on the district. An exception expires at the end of the |
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| 26 | 26 | | semester for which it is granted, and the commissioner may not grant |
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| 27 | 27 | | an exception for[: |
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| 28 | 28 | | [(1)] more than one semester at a time. |
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| 29 | 29 | | SECTION 2. Section 25.113(a), Education Code, is amended to |
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| 30 | 30 | | read as follows: |
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| 31 | 31 | | (a) A campus or district that is granted an exception under |
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| 32 | 32 | | Section 25.112(d) from class size limits shall provide written |
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| 33 | 33 | | notice of the exception to the parent of or person standing in |
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| 34 | 34 | | parental relation to each student affected by the exception. The |
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| 35 | 35 | | notice must be in conspicuous bold or underlined print and: |
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| 36 | 36 | | (1) specify the class for which an exception from a |
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| 37 | 37 | | [the] limit imposed by Section 25.112(a) was granted; |
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| 38 | 38 | | (2) state the number of children in the class for which |
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| 39 | 39 | | the exception was granted; and |
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| 40 | 40 | | (3) be included in a regular mailing or other |
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| 41 | 41 | | communication from the campus or district, such as information sent |
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| 42 | 42 | | home with students. |
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| 43 | 43 | | SECTION 3. This Act applies beginning with the 2009-2010 |
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| 44 | 44 | | school year. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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