81R293 JRJ-D
By: Raymond H.B. No. 326
A BILL TO BE ENTITLED
AN ACT
relating to limits on the size of prekindergarten 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 18 students in a prekindergarten
class or 22 students in a kindergarten, first, second, third, or
fourth grade class. A limit imposed by this subsection [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 except the district from a [the] limit imposed by [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. 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. The
notice must be in conspicuous bold or underlined print and:
(1) specify the class for which an exception from a
[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) 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 2009-2010
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 September 1, 2009.