INSTRUCTIONS FOR COMPLETION OF REQUEST FOR MAXIMUM CLASS SIZE WAIVER, FALL SEMESTER, 1999-2000 SCHOOL YEAR

(1)	The Request for Maximum Class Size Waiver (Form SP-001) is to be used to apply for an exception to the 22:1 class size limit in kindergarten through grade four.

(1.1)	Each district is to conduct a class enrollment survey for kindergarten through grade four no later than October 6, 1999.

(1.2)	If a waiver must be requested, the local board of trustees must approve the form and the district’s current compliance plan described in (2) below.  The completed form should be mailed to the Department for the Education of Special Populations by November 3, 1999, or as soon thereafter as possible.  Districts are encouraged to comply with this time line.

(1.3)	If class enrollment exceeds the 22:1 limit after this date, the waiver request must be submitted any time during the semester, except for the last twelve weeks of school.  A district for which average daily attendance is adjusted under Texas Education Code, Section 42.005(c), may claim a different twelve-week period.  The district must notify the commissioner of education of the period to be used.  

(1.4)	For the district as a whole, enter the total number of sections that are out of compliance.  Of this total, enter the number of bilingual education/English as a second language (ESL) sections that are out of compliance.  Then, enter the total number of sections in kindergarten through grade four in the district.

(1.5)	For each campus with one or more sections out of compliance, complete a separate campus form.  Use additional sheets as needed.  For each applicable campus, enter the total number of sections that are out of compliance.  Of this total, enter the number of bilingual education/ESL sections that are out of compliance.  Then, enter the total number of sections in kindergarten through grade four at the campus.

(1.6)	Check the reason(s) why compliance with the 22:1 class size limit at the campus would impose an undue hardship on the district. 
Facilities:
The campus lacks sufficient classroom space.
Teachers:
The district was unable to employ a sufficient number of qualified teachers for the campus.
Unanticipated Enrollment Growth:
The district budgeted for 22:1 but had to enroll 23 or 24 students in no more than one section per grade at a campus due to unexpected increases in the number of students enrolled in kindergarten through grade four.
(1.7)	Class size limits do not apply to physical education classes or fine arts classes.

(2)	The waiver request must be accompanied by a current compliance 
	plan that has been approved by the local board of trustees.

(2.1)	The plan must identify the campuses, grades, and number of sections exceeding 22:1.  

(2.2)	The plan must clearly state the steps that will be taken to come into full compliance.  A time line for completion of the plan must also be included.  If a previous plan was submitted, the plan must be updated to show new efforts to come into compliance and/or progress toward completion of the plan.  The plan must address the specific reason(s) that resulted in noncompliance with the class size limit.

(2.3)	Districts that request a waiver due to an inability to employ teachers must document efforts to recruit and hire staff in the shortage area(s).