Texas 2021 - 87th Regular

Texas Senate Bill SB2081 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2081
	1	+	By: Menéndez, et al. S.B. No. 2081
	2	+	(Talarico)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to class size limits for prekindergarten classes provided
6	8		by or on behalf of public schools.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 25.112(a), Education Code, is amended to
9	11		read as follows:
10	12		(a) Except as otherwise authorized by this section, a school
11	13		district may not enroll more than 22 students in a prekindergarten,
12	14		kindergarten, first, second, third, or fourth grade class. That
13	15		limitation does not apply during:
14	16		(1) any 12-week period of the school year selected by
15	17		the district, in the case of a district whose average daily
16	18		attendance is adjusted under Section 48.005(c); or
17	19		(2) the last 12 weeks of any school year in the case of
18	20		any other district.
19	21		SECTION 2. Section 29.1532(b), Education Code, is amended
20	22		to read as follows:
21	23		(b) If a school district contracts with a private entity for
22	24		the operation of the district's prekindergarten program, the
23	25		program must at a minimum comply with:
24	26		(1) the applicable child-care licensing standards
25	27		adopted by the Department of Family and Protective [and Regulatory]
26	28		Services under Section 42.042, Human Resources Code; and
27	29		(2) the class size requirement for prekindergarten
28	30		classes imposed under Section 25.112(a).
29	31		SECTION 3. Section 29.171(c), Education Code, is amended to
30	32		read as follows:
31	33		(c) A prekindergarten program provided by a private
32	34		provider under this section is subject to:
33	35		(1) the requirements of this subchapter; and
34	36		(2) the class size requirement for prekindergarten
35	37		classes imposed under Section 25.112(a).
36	38		SECTION 4. Section 12.056(b), Education Code, is amended to
37	39		read as follows:
38	40		(b) A campus or program for which a charter is granted under
39	41		this subchapter is subject to:
40	42		(1) a provision of this title establishing a criminal
41	43		offense; and
42	44		(2) a prohibition, restriction, or requirement, as
43	45		applicable, imposed by this title or a rule adopted under this
44	46		title, relating to:
45	47		(A) the Public Education Information Management
46	48		System (PEIMS) to the extent necessary to monitor compliance with
47	49		this subchapter as determined by the commissioner;
48	50		(B) criminal history records under Subchapter C,
49	51		Chapter 22;
50	52		(C) high school graduation under Section 28.025;
51	53		(D) special education programs under Subchapter
52	54		A, Chapter 29;
53	55		(E) bilingual education under Subchapter B,
54	56		Chapter 29;
55	57		(F) prekindergarten programs under Subchapter E,
56	58		Chapter 29, except class size limits for prekindergarten classes
57	59		imposed under Section 25.112, which do not apply;
58	60		(G) extracurricular activities under Section
59	61		33.081;
60	62		(H) health and safety under Chapter 38;
61	63		(I) public school accountability under
62	64		Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and
63	65		(J) the duty to discharge or refuse to hire
64	66		certain employees or applicants for employment under Section
65	67		12.1059.
66	68		SECTION 5. Section 12.104(b), Education Code, as amended by
67	69		Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
68	70		(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
69	71		reenacted and amended to read as follows:
70	72		(b) An open-enrollment charter school is subject to:
71	73		(1) a provision of this title establishing a criminal
72	74		offense;
73	75		(2) the provisions in Chapter 554, Government Code;
74	76		and
75	77		(3) a prohibition, restriction, or requirement, as
76	78		applicable, imposed by this title or a rule adopted under this
77	79		title, relating to:
78	80		(A) the Public Education Information Management
79	81		System (PEIMS) to the extent necessary to monitor compliance with
80	82		this subchapter as determined by the commissioner;
81	83		(B) criminal history records under Subchapter C,
82	84		Chapter 22;
83	85		(C) reading instruments and accelerated reading
84	86		instruction programs under Section 28.006;
85	87		(D) accelerated instruction under Section
86	88		28.0211;
87	89		(E) high school graduation requirements under
88	90		Section 28.025;
89	91		(F) special education programs under Subchapter
90	92		A, Chapter 29;
91	93		(G) bilingual education under Subchapter B,
92	94		Chapter 29;
93	95		(H) prekindergarten programs under Subchapter E
94	96		or E-1, Chapter 29, except class size limits for prekindergarten
95	97		classes imposed under Section 25.112, which do not apply;
96	98		(I) extracurricular activities under Section
97	99		33.081;
98	100		(J) discipline management practices or behavior
99	101		management techniques under Section 37.0021;
100	102		(K) health and safety under Chapter 38;
101	103		(L) public school accountability under
102	104		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
103	105		(M) the requirement under Section 21.006 to
104	106		report an educator's misconduct;
105	107		(N) intensive programs of instruction under
106	108		Section 28.0213;
107	109		(O) the right of a school employee to report a
108	110		crime, as provided by Section 37.148;
109	111		(P) bullying prevention policies and procedures
110	112		under Section 37.0832;
111	113		(Q) the right of a school under Section 37.0052
112	114		to place a student who has engaged in certain bullying behavior in a
113	115		disciplinary alternative education program or to expel the student;
114	116		(R) the right under Section 37.0151 to report to
115	117		local law enforcement certain conduct constituting assault or
116	118		harassment;
117	119		(S) a parent's right to information regarding the
118	120		provision of assistance for learning difficulties to the parent's
119	121		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
120	122		(T) establishment of residency under Section
121	123		25.001;
122	124		(U) [(T)] school safety requirements under
123	125		Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
124	126		37.207, and 37.2071;
125	127		(V) [(T)] the early childhood literacy and
126	128		mathematics proficiency plans under Section 11.185; and
127	129		(W) [(U)] the college, career, and military
128	130		readiness plans under Section 11.186.
129	131		SECTION 6. This Act applies beginning with the 2021-2022
130	132		school year.
131	133		SECTION 7. To the extent of any conflict, this Act prevails
132	134		over another Act of the 87th Legislature, Regular Session, 2021,
133	135		relating to nonsubstantive additions to and corrections in enacted
134	136		codes.
135	137		SECTION 8. This Act takes effect immediately if it receives
136	138		a vote of two-thirds of all the members elected to each house, as
137	139		provided by Section 39, Article III, Texas Constitution. If this
138	140		Act does not receive the vote necessary for immediate effect, this
139	141		Act takes effect September 1, 2021.
140		-	______________________________ ______________________________
141		-	President of the Senate Speaker of the House
142		-	I hereby certify that S.B. No. 2081 passed the Senate on
143		-	May 12, 2021, by the following vote: Yeas 24, Nays 6.
144		-	______________________________
145		-	Secretary of the Senate
146		-	I hereby certify that S.B. No. 2081 passed the House on
147		-	May 26, 2021, by the following vote: Yeas 87, Nays 61, one present
148		-	not voting.
149		-	______________________________
150		-	Chief Clerk of the House
151		-	Approved:
152		-	______________________________
153		-	Date
154		-	______________________________
155		-	Governor