HBA-MPM H.B. 1120 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1120 By: Najera Public Education 3/22/1999 Introduced BACKGROUND AND PURPOSE Current law prohibits classes in grades kindergarten through four from having more than 22 students, however, the commissioner of education (commissioner) is authorized to exempt a school district (district) from maintaining class size limits for one semester if those limits cause undue hardship for the district. A district may apply for a class size waiver if it lacks facilities, cannot acquire a sufficient number of teachers, or if one section at any grade level at a school exceeds the class size limit by one or two student due to unanticipated enrollment increases during the school year. In 1997-1998, class size waivers were requested for 577 schools for the fall semester and for 696 schools for the spring semester. Almost 98 percent of the waivers cited unanticipated growth during the school year as a reason the waiver was requested, 65 percent cited lack of facilities, and 21 percent cited teacher shortages. H.B. 1120 caps at 27 the number of students that a district may enroll in a class under a class size waiver. 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 25.112(d), Education Code, to prohibit a school district from enrolling more than 27 students in a class under an exception granted under this subsection. Subsection (d) authorizes the commissioner of education (commissioner) to except the limit of 22 students per each kindergarten, first, second, third, or fourth-grade class if the commissioner finds this limit works an undue hardship on the district. SECTION 2. Provides that this Act applies beginning with the 1999-2000 school year. SECTION 3. Emergency clause. Effective date: upon passage.