HBA-MPM H.B. 1144 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1144
By: Garcia
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, school campuses and districts may receive an exemption or waiver
from a requirement, restriction, or prohibition relating to class size
limits.  Districts may enroll more than 22 students in certain grade
levels.  H.B. 1144 prohibits a school campus or district from receiving an
exemption or waiver from a requirement, restriction or prohibition relating
to class size limits and prohibits a district from enrolling more than 22
students in a kindergarten or first grade through ninth grade class.  This
bill also authorizes the commissioner of education to except a school
district from these limits if the limits work an undue hardship on the
district.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7.056(e), Education Code, to prohibit a school
campus or district from receiving an exemption or waiver, except as
provided by Subsection (f) (exception or waiver received by a district or
campus that is required to develop and implement a student achievement
program), from a requirement, restriction or prohibition relating to class
size limits, rather than elementary class size limits except as provided by
Section 25.112 (Class Size). 

SECTION 2.  Amends Section 12.013(b), Education Code, to make a conforming
change. 

SECTION 3.  Amends Section 25.112(a), Education Code, to prohibit a
district from enrolling more than 22 students in a kindergarten or first
grade through ninth grade class, rather than a kindergarten through fourth
grade class.   

SECTION 4.  Amends Sections 39.112(b) and (d), Education Code, to make
conforming changes.  

SECTION 5.  Amends Section 39.183, Education Code, to delete the number of
districts granted an exception under Section 25.112 among information
contained in a regional and district level report covering the preceding
two school years that is prepared by the Texas Education Agency and
delivered to the governor, the lieutenant governor, the speaker of the
house of representatives, each member of legislature, the Legislative
Budget Board, and the clerks of the standing committees of the senate and
house of representatives with primary jurisdiction over the public school
system. 

SECTION 6.  Repealer:  Section 25.112(d), Education Code.  This subdivision
authorizes the commissioner of education (commissioner) to, upon
application, except a school district from the limit in Subsection (a) if
the commissioner finds the limit works an undue hardship on the district.
Provides that an exception expires at the end of the semester for which it
was granted.  Prohibits the commissioner from granting an exception for
more than one semester at a time. 

SECTION 7. Makes application of this Act prospective beginning with the
2000-2001 school year. 

SECTION 8.  Emergency clause.