87R9391 CAE-F By: Menéndez S.B. No. 2081 A BILL TO BE ENTITLED AN ACT relating to the average ratio of students and teachers in a prekindergarten class. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.167, Education Code, is amended by amending Subsection (d) and adding Subsections (e), (f), and (g) to read as follows: (d) Except as provided by Subsection (e), a [A] school district shall [must attempt to] maintain an average ratio in any prekindergarten program class of not less than one certified teacher or teacher's aide for each 11 students. (e) On application by a school district, the commissioner may exempt the district from complying with Subsection (d). (f) A school district seeking an exemption under Subsection (e) shall apply to the commissioner for the exemption not later than: (1) October 1; or (2) the 30th day after the first school day the district exceeds the ratio provided by Subsection (d). (g) If a school district repeatedly fails to comply with this section, the commissioner may take any appropriate action authorized to be taken by the commissioner under Chapter 39A. SECTION 2. This Act applies beginning with the 2021-2022 school year. SECTION 3. 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.