HBA-MPM C.S.H.B. 1120 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1120
By: Najera
Public Education
5/4/1999
Committee Report (Substituted)



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. 

C.S.H.B. 1120 caps the number of students that a district may enroll in a
class under a class size waiver at 24. 

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 24 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1120 differs from the original bill in SECTION 1, by modifying the
proposed amendment to Section 25.112(d), Education Code, to cap the number
of students per class a school district is authorized to enroll at 24,
rather than 27, under an exception granting the commissioner of education
the authority to except the limit of 22 students per each kindergarten,
first, second, third, or fourthgrade class, if it is found that the limit
works an undue hardship on the district.