W I T H D R A W N

October 5, 2004

To The Administrator Addressed

Subject: Options for Requesting Class Size Exceptions

In recent weeks, questions have arisen regarding the application process for class size waivers, particularly in very large school districts with student populations that are highly mobile. The questions and concerns have given me the opportunity to more closely examine the waiver application process with a view toward reducing paperwork and simplifying procedures. Study of all the issues has resulted in two options, described below, for your consideration.

The first option allows the local board of trustees to delegate authority to the superintendent to submit a request for a class size waiver without making each waiver request a board agenda item. To exercise this option, the local board of trustees may take action at an official board meeting to delegate authority for requesting class size waivers to the superintendent. If the local board chooses to delegate said authority to the superintendent, the Texas Education Agency will then acknowledge that delegation and accept the class size waiver application based on the superintendent’s signature. Along with the waiver application, the district would submit a copy of the board meeting minutes that indicate the delegation of authority and the effective time period of the delegated authority. The agency will consider the delegation in place until it is revoked. The board might agree to delegate authority for a particular number of campuses, a specified length of time, some other condition, any combination of conditions, or no stipulated conditions. However, the agency will consider as valid any request from a district with a delegation in place. Any district, regardless of size, mobility rate, or any other factor, will be allowed to exercise this option. It is important to note, however, that state law found in Texas Education Code, Section 25.113 permits no flexibility regarding the requirement that parents of the children in classrooms that exceed the 22:1 ratio be so notified.

The second option applies to school districts that have high student mobility rates, namely 20 percent or greater according to the most recent Public Education Information Management System (PEIMS) data submitted. This process is independent from the first option described above. Nevertheless, the board delegation option would apply here. With high mobility, the district could write a letter for the first 10 percent of the Grades K-4 classes in the district that require a class size waiver. The letter would include the district name and county-district number, the campus names and numbers, and the grade levels and number of classrooms noncompliant at each grade level. Additionally, the letter would include the reason for the waiver (teacher shortage, facility shortage, or unanticipated growth) and describe the district’s compliance plan. As in the past, the waiver request would be submitted, as needed, separately for each semester. If the board has not chosen to delegate waiver request authority to the superintendent, this letter will require board approval and signature. The advantage provided by this option is the opportunity to simply write a letter in lieu of completing an application for the first 10 percent of classes. Any waiver needs in excess of the first 10 percent would follow the regular waiver application process. It is important to note here that the letter for the first 10 percent that require a waiver will serve as the request for my consideration, but approval will not be automatic.

In summary, if board delegation does not occur as described in Option 1, then the waiver application process will proceed with local board approval as it has in the past. Furthermore, if the mobility rate reported through PEIMS does not reach 20 percent, then Option 2 cannot be exercised by the district. It is my hope that the potential flexibility provided by the options described above will provide administrative relief to some degree while supporting the requirements in state law and the clear legislative intent to improve education environments by diligently planning for appropriate class sizes. Questions can be directed to Philip Cochran at (512) 463-9630.

Sincerely,

Shirley J. Neeley, Ed.D.
Commissioner of Education

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