Texas 2021 - 87th Regular

Texas House Bill HB41 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R19219 MM-D
1	2		By: Talarico H.B. No. 41
	3	+	Substitute the following for H.B. No. 41:
	4	+	By: Dutton C.S.H.B. No. 41
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to class size limits for prekindergarten classes provided
7	10		by or on behalf of public schools.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Section 25.112(a), Education Code, is amended to
10	13		read as follows:
11	14		(a) Except as otherwise authorized by this section, a school
12	15		district may not enroll more than 22 students in a prekindergarten,
13	16		kindergarten, first, second, third, or fourth grade class. That
14	17		limitation does not apply during:
15	18		(1) any 12-week period of the school year selected by
16	19		the district, in the case of a district whose average daily
17	20		attendance is adjusted under Section 48.005(c); or
18	21		(2) the last 12 weeks of any school year in the case of
19	22		any other district.
20	23		SECTION 2. Section 29.1532(b), Education Code, is amended
21	24		to read as follows:
22	25		(b) If a school district contracts with a private entity for
23	26		the operation of the district's prekindergarten program, the
24	27		program must at a minimum comply with:
25	28		(1) the applicable child-care licensing standards
26		-	adopted by the Health and Human Services Commission [Department of
27		-	Protective and Regulatory Services] under Section 42.042, Human
28		-	Resources Code; and
	29	+	adopted by the Department of Family and Protective [and Regulatory]
	30	+	Services under Section 42.042, Human Resources Code; and
29	31		(2) the class size requirement for prekindergarten
30	32		classes imposed under Section 25.112(a).
31	33		SECTION 3. Section 29.171(c), Education Code, is amended to
32	34		read as follows:
33	35		(c) A prekindergarten program provided by a private
34	36		provider under this section is subject to:
35	37		(1) the requirements of this subchapter; and
36	38		(2) the class size requirement for prekindergarten
37	39		classes imposed under Section 25.112(a).
38	40		SECTION 4. Section 12.056(b), Education Code, is amended to
39	41		read as follows:
40	42		(b) A campus or program for which a charter is granted under
41	43		this subchapter is subject to:
42	44		(1) a provision of this title establishing a criminal
43	45		offense; and
44	46		(2) a prohibition, restriction, or requirement, as
45	47		applicable, imposed by this title or a rule adopted under this
46	48		title, relating to:
47	49		(A) the Public Education Information Management
48	50		System (PEIMS) to the extent necessary to monitor compliance with
49	51		this subchapter as determined by the commissioner;
50	52		(B) criminal history records under Subchapter C,
51	53		Chapter 22;
52	54		(C) high school graduation under Section 28.025;
53	55		(D) special education programs under Subchapter
54	56		A, Chapter 29;
55	57		(E) bilingual education under Subchapter B,
56	58		Chapter 29;
57	59		(F) prekindergarten programs under Subchapter E,
58	60		Chapter 29, including prekindergarten class size limits under
59	61		Section 25.112 and notice requirements under Section 25.113 if
60	62		granted an exception from those limits;
61	63		(G) extracurricular activities under Section
62	64		33.081;
63	65		(H) health and safety under Chapter 38;
64	66		(I) public school accountability under
65	67		Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and
66	68		(J) the duty to discharge or refuse to hire
67	69		certain employees or applicants for employment under Section
68	70		12.1059.
69	71		SECTION 5. Section 12.104(b), Education Code, as amended by
70	72		Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
71	73		(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
72	74		reenacted and amended to read as follows:
73	75		(b) An open-enrollment charter school is subject to:
74	76		(1) a provision of this title establishing a criminal
75	77		offense;
76	78		(2) the provisions in Chapter 554, Government Code;
77	79		and
78	80		(3) a prohibition, restriction, or requirement, as
79	81		applicable, imposed by this title or a rule adopted under this
80	82		title, relating to:
81	83		(A) the Public Education Information Management
82	84		System (PEIMS) to the extent necessary to monitor compliance with
83	85		this subchapter as determined by the commissioner;
84	86		(B) criminal history records under Subchapter C,
85	87		Chapter 22;
86	88		(C) reading instruments and accelerated reading
87	89		instruction programs under Section 28.006;
88	90		(D) accelerated instruction under Section
89	91		28.0211;
90	92		(E) high school graduation requirements under
91	93		Section 28.025;
92	94		(F) special education programs under Subchapter
93	95		A, Chapter 29;
94	96		(G) bilingual education under Subchapter B,
95	97		Chapter 29;
96	98		(H) prekindergarten programs under Subchapter E
97	99		or E-1, Chapter 29, including prekindergarten class size limits
98	100		under Section 25.112 and notice requirements under Section 25.113
99	101		if granted an exception from those limits;
100	102		(I) extracurricular activities under Section
101	103		33.081;
102	104		(J) discipline management practices or behavior
103	105		management techniques under Section 37.0021;
104	106		(K) health and safety under Chapter 38;
105	107		(L) public school accountability under
106	108		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
107	109		(M) the requirement under Section 21.006 to
108	110		report an educator's misconduct;
109	111		(N) intensive programs of instruction under
110	112		Section 28.0213;
111	113		(O) the right of a school employee to report a
112	114		crime, as provided by Section 37.148;
113	115		(P) bullying prevention policies and procedures
114	116		under Section 37.0832;
115	117		(Q) the right of a school under Section 37.0052
116	118		to place a student who has engaged in certain bullying behavior in a
117	119		disciplinary alternative education program or to expel the student;
118	120		(R) the right under Section 37.0151 to report to
119	121		local law enforcement certain conduct constituting assault or
120	122		harassment;
121	123		(S) a parent's right to information regarding the
122	124		provision of assistance for learning difficulties to the parent's
123	125		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
124	126		(T) establishment of residency under Section
125	127		25.001;
126	128		(U) [(T)] school safety requirements under
127	129		Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
128	130		37.207, and 37.2071;
129	131		(V) [(T)] the early childhood literacy and
130	132		mathematics proficiency plans under Section 11.185; and
131	133		(W) [(U)] the college, career, and military
132	134		readiness plans under Section 11.186.
133	135		SECTION 6. This Act applies beginning with the 2021-2022
134	136		school year.
135	137		SECTION 7. To the extent of any conflict, this Act prevails
136	138		over another Act of the 87th Legislature, Regular Session, 2021,
137	139		relating to nonsubstantive additions to and corrections in enacted
138	140		codes.
139	141		SECTION 8. This Act takes effect immediately if it receives
140	142		a vote of two-thirds of all the members elected to each house, as
141	143		provided by Section 39, Article III, Texas Constitution. If this
142	144		Act does not receive the vote necessary for immediate effect, this
143	145		Act takes effect September 1, 2021.