87R19219 MM-D
By: Talarico H.B. No. 41
Substitute the following for H.B. No. 41:
By: Dutton C.S.H.B. No. 41
A BILL TO BE ENTITLED
AN ACT
relating to class size limits for prekindergarten classes provided
by or on behalf of public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.112(a), Education Code, is amended to
read as follows:
(a) Except as otherwise authorized by this section, a school
district may not enroll more than 22 students in a prekindergarten,
kindergarten, first, second, third, or fourth grade class. 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 48.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
SECTION 2. Section 29.1532(b), Education Code, is amended
to read as follows:
(b) If a school district contracts with a private entity for
the operation of the district's prekindergarten program, the
program must at a minimum comply with:
(1) the applicable child-care licensing standards
adopted by the Department of Family and Protective [and Regulatory]
Services under Section 42.042, Human Resources Code; and
(2) the class size requirement for prekindergarten
classes imposed under Section 25.112(a).
SECTION 3. Section 29.171(c), Education Code, is amended to
read as follows:
(c) A prekindergarten program provided by a private
provider under this section is subject to:
(1) the requirements of this subchapter; and
(2) the class size requirement for prekindergarten
classes imposed under Section 25.112(a).
SECTION 4. Section 12.056(b), Education Code, is amended to
read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29, including prekindergarten class size limits under
Section 25.112 and notice requirements under Section 25.113 if
granted an exception from those limits;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38;
(I) public school accountability under
Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and
(J) the duty to discharge or refuse to hire
certain employees or applicants for employment under Section
12.1059.
SECTION 5. Section 12.104(b), Education Code, as amended by
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, including prekindergarten class size limits
under Section 25.112 and notice requirements under Section 25.113
if granted an exception from those limits;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148;
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(T) establishment of residency under Section
25.001;
(U) [(T)] school safety requirements under
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
37.207, and 37.2071;
(V) [(T)] the early childhood literacy and
mathematics proficiency plans under Section 11.185; and
(W) [(U)] the college, career, and military
readiness plans under Section 11.186.
SECTION 6. This Act applies beginning with the 2021-2022
school year.
SECTION 7. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 8. 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, 2021.