82S10100 EAH-D
By: Eissler H.B. No. 18
A BILL TO BE ENTITLED
AN ACT
relating to elementary class size limits in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.112, Education Code, is amended by
amending Subsection (d) and adding Subsections (d-1) and (e-1) to
read as follows:
(d) On application of a school district, the commissioner
shall [may] except the district from the limit in Subsection (a),
except as provided by Subsection (d-1) [if the commissioner finds
the limit works an undue hardship on the district]. An exception
expires at the end of the school year for which it is granted.
(d-1) The commissioner may not grant an exception to a
school district under Subsection (d) if the exception would:
(1) allow the district to enroll more than 25 students
in a class at a grade level subject to the limit in Subsection (a);
(2) result in the district exceeding a district-wide
average enrollment of 22 students in classes at grade levels
subject to the limit under Subsection (a); or
(3) negatively affect the education of students
enrolled in the district or at a district campus, as applicable, as
determined by the commissioner.
(e-1) The board of trustees of a school district may adopt a
policy authorizing the superintendent of the district to apply on
behalf of the district, as needed, for an exception under
Subsection (d).
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 or
shall post notice of the exception on the district's Internet
website. The notice under this subsection must be in conspicuous
bold or underlined print or type and:
(1) specify the class for which an exception from 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) unless posted on the district's Internet website,
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 2011-2012
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 on the 91st day after the last day of the
legislative session.