EEB(LEGAL) - INSTRUCTIONAL ARRANGEMENTS: CLASS SIZE
Note: The Board has adopted an innovation plan that affects application of provisions in this legally referenced policy.
A district shall employ a sufficient number of certified teachers to maintain an average ratio of not less than one teacher for each 20 students in average daily attendance. Education Code 25.111
High-Quality Prekindergarten Program
A district operating a prekindergarten program must attempt to maintain an average ratio in any prekindergarten program class of not less than one certified teacher or teacher's aide for each 11 students. Education Code 29.167(d)
A district's physical education curriculum objectives and goals shall address teacher-student ratios. [See EHAA] Education Code 25.114
A district shall not enroll more than 22 students in a class, kindergarten through fourth grade, except as allowed by the commissioner of education. The limit on class size, kindergarten through grade 4, shall not apply during:
- The last 12 weeks of the school year; or
- Any 12-week period of the school year selected by a district, if the district's average daily attendance has been adjusted due to a significant percentage of students who are migratory children under Education Code 48.005(c). A district claiming this exemption must notify the commissioner in writing not later than the 30th day after the first day of the 12-week period.
A "migratory child" is a child or youth who made a qualifying move:
- As a migratory agricultural worker or a migratory fisher; or
- With, or to join, a parent or spouse who is a migratory agricultural worker of migratory fisher.
A "qualifying move" is a move due to economic necessity:
- From one residence to another residence; and
- From one school district to another school district, except in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.
A "migratory agricultural worker" is an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment.
A "migratory fisher" is an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment.
Education Code 25.112(a), (b); 20 U.S.C. 6399
Exception to Class Size Limits
The commissioner may except a district, on application, from the class size limits above if the limit works an undue hardship on the district. An exception expires at the end of the school year for which it is granted.
A school district seeking an exception shall notify the commissioner and apply for the exception not later than the later of:
- October 1; or
- The 30th day after the first school day the district exceeds the limit described above.
Education Code 25.112(d)–(e)
Notice to Parents
A campus or district that is granted an exception from class size limits shall provide written notice of the exception to the parent of or person standing in parental relation to each student affected by the exception. The notice must be in conspicuous bold or underlined print and:
- Specify the class for which an exception was granted;
- State the number of children in the class; and
- Be included in a regular mailing or other communication from the campus or district, such as information sent home with students.
The notice must be provided not later than the 31st day after the first day of the school year or the date the exception is granted, if the exception is granted after the beginning of the school year.
Education Code 25.113