| 1 | 1 | | 82S10100 EAH-D |
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| 2 | 2 | | By: Eissler H.B. No. 18 |
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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 elementary class size limits in public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 25.112, Education Code, is amended by |
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| 10 | 10 | | amending Subsection (d) and adding Subsections (d-1) and (e-1) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (d) On application of a school district, the commissioner |
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| 13 | 13 | | shall [may] except the district from the limit in Subsection (a), |
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| 14 | 14 | | except as provided by Subsection (d-1) [if the commissioner finds |
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| 15 | 15 | | the limit works an undue hardship on the district]. An exception |
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| 16 | 16 | | expires at the end of the school year for which it is granted. |
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| 17 | 17 | | (d-1) The commissioner may not grant an exception to a |
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| 18 | 18 | | school district under Subsection (d) if the exception would: |
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| 19 | 19 | | (1) allow the district to enroll more than 25 students |
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| 20 | 20 | | in a class at a grade level subject to the limit in Subsection (a); |
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| 21 | 21 | | (2) result in the district exceeding a district-wide |
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| 22 | 22 | | average enrollment of 22 students in classes at grade levels |
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| 23 | 23 | | subject to the limit under Subsection (a); or |
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| 24 | 24 | | (3) negatively affect the education of students |
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| 25 | 25 | | enrolled in the district or at a district campus, as applicable, as |
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| 26 | 26 | | determined by the commissioner. |
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| 27 | 27 | | (e-1) The board of trustees of a school district may adopt a |
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| 28 | 28 | | policy authorizing the superintendent of the district to apply on |
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| 29 | 29 | | behalf of the district, as needed, for an exception under |
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| 30 | 30 | | Subsection (d). |
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| 31 | 31 | | SECTION 2. Section 25.113(a), Education Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | (a) A campus or district that is granted an exception under |
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| 34 | 34 | | Section 25.112(d) from class size limits shall provide written |
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| 35 | 35 | | notice of the exception to the parent of or person standing in |
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| 36 | 36 | | parental relation to each student affected by the exception or |
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| 37 | 37 | | shall post notice of the exception on the district's Internet |
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| 38 | 38 | | website. The notice under this subsection must be in conspicuous |
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| 39 | 39 | | bold or underlined print or type and: |
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| 40 | 40 | | (1) specify the class for which an exception from the |
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| 41 | 41 | | limit imposed by Section 25.112(a) was granted; |
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| 42 | 42 | | (2) state the number of children in the class for which |
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| 43 | 43 | | the exception was granted; and |
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| 44 | 44 | | (3) unless posted on the district's Internet website, |
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| 45 | 45 | | be included in a regular mailing or other communication from the |
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| 46 | 46 | | campus or district, such as information sent home with students. |
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| 47 | 47 | | SECTION 3. This Act applies beginning with the 2011-2012 |
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| 48 | 48 | | school year. |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect on the 91st day after the last day of the |
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| 54 | 54 | | legislative session. |
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