| ACTION REQUIRED |
December 30, 1999
TO THE ADMINISTRATOR ADDRESSED:
SUBJECT: Compliance with Class Size Requirements, Spring 2000
Each school district in Texas is required to conduct a class size enrollment survey for kindergarten through grade four no later than January 26, 2000. If the survey indicates that any class of kindergarten through grade four exceeds the allowable class size limit of 22:1, the district must submit the enclosed class size waiver request and current approved compliance plan to the Department of the Education of Special Populations by February 25, 2000. Districts are urged to comply with these time lines. Instructions for completing the form are also enclosed.
Districts that maintain compliance with class size limits of 22:1 in all classes in kindergarten through grade four are not required to seek a waiver. Results of the survey do not have to be submitted to the agency.
The purpose of this letter is to notify districts of the required survey and to advise districts of important changes that are being made in the review of class size waiver requests. These changes are being announced in advance of the effective date so that districts experiencing rapid growth and/or shortages of teachers may make needed adjustments during the 1999-2000 school year. Specifically, the changes effective for the fall semester of the 1999-2000 school year and the long-term changes are identified in the paragraphs that follow.
Effective for the 1999-2000 school year:
Revised Definition of "Unanticipated Enrollment Growth." The definition of "unanticipated enrollment growth" was revised and clarified for the fall 1999 school year. Unanticipated enrollment growth may only be cited as the reason for the waiver request if no more than one section per grade level at a campus has 23 or 24 students. If two or more sections at a grade level at a campus have 23 or 24 students, then the reason for the waiver request must be shortage of teachers, shortage of facilities, or shortages of both teachers and facilities. The rationale for this change is to ensure historical treatment of exceptions to class size requirements used by the agency since the class size limitations became law.
Number of Bilingual Education/English as a Second Language (ESL) Sections. The class size waiver request form has been revised to specify that the number of bilingual education/ESL sections covered by the waiver is a subset of the total number of sections that exceed 22 students. The form requests the following information: (a) the total number of sections out of compliance, (b) of that total, the number of sections of bilingual education/ESL that are out of compliance with class size limitations; and (c) the total number of sections per grade on the campus, regardless of the number of students in each section. The rationale for this change is also the need to improve consistency in district reporting.
Updated Compliance Plans. Although the requirement for a compliance plan approved by the local board of trustees is not new, districts are reminded that the compliance plan must delineate the specific actions that will be taken to come into compliance. A specific time line must be given for each action. Generalized statements that the district will monitor class size and take appropriate actions as needed are not acceptable for the third, or subsequent, consecutive waiver request. In all instances, the plan must address the reasons(s) why the waiver is needed. For instance, if the reason for the waiver request is a shortage of facilities, the district should state the number of classrooms/campuses added during the previous year, the number of classrooms/campuses scheduled for completion during the period covered by the waiver, and the specific progress made since the last compliance plan was submitted if the district submitted a waiver request for the previous semester.
Effective for the 2000-2001 school year and beyond:
Use of student performance in decisions on class size waivers. Student performance will be considered for districts that request class size waivers for more than four consecutive semesters. The rationale for this decision is to ensure that shortages of teachers or facilities are not unduly affecting student progress toward meeting or exceeding the state's high standards for performance.
- Beginning with the 2000-2001 school year, all campuses covered by the waiver are expected to have an accountability rating that is at least acceptable if the waiver request is due to shortages of facilities and/or teachers.
- Beginning with the 2001-2002 school year, for districts requesting a waiver for the fifth or subsequent consecutive semester, all campuses covered by the waiver are expected to show annual gains in performance for all students and for each student group on each state assessment administered at the campus, unless the student group is already performing at recognized or exemplary levels on each assessment.
Requirements to Increase Public Awareness of Repeated Class Size Waivers. Districts that must request a class size waiver for longer than two consecutive semesters must initiate a series of progressive actions to ensure that the community is aware of the waiver request and of the actions that the district is taking to reduce the need for continued class size waivers.
- Beginning in 2000-2001, for districts requesting a class size waiver for the third or subsequent semester, staff will be required to hold a meeting for parents and community members at each campus covered by the waiver request to discuss the continued need for the waiver, the specific steps that the district will take to come into compliance, and the specific time line for eliminating the need for future waivers. The action plan must be included in the campus and district improvement plans.
- Beginning in 2002-2003, for districts requesting class size waiver for the seventh or subsequent semester, the local board of trustees must hold a public hearing regarding the continued need for a class size waiver at one or more campuses, the specific steps taken to date to come into compliance, and the future actions and time line for eliminating the need for a waiver for each campus covered by the request. The action plan must be included in the campus and district improvement plans.
If you have any questions regarding class size waivers, please contact the State and Federal Waivers Unit, (512) 463-9630.
Sincerely,
Carol V. Francois
Associate Commissioner for the Education of Special Populations
Enclosures
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For further information on this topic, contact the State and Federal Waivers Unit, (512) 463-9630.