Does your class size exceed the limit?
Legislation offers physical education class size guidance
In a good news/ bad news sort of development, legislators in the 81st Legislative Session in 2009 passed SB 891 which, among other things, requires districts to identify how student safety will be protected in the event the class size in a physical education class exceeds 45 students.
PE classes have traditionally been exempted, as have art and music classes, from the 22:1 class size caps applicable to grades K-4, according to a TEA interpretation of the law.
The good news is that legislators have recognized that massive PE classes pose risks to students; the bad news is that it appears that enforcement will be minimal, and having a plan is not the same as having a class size cap.
For those of you with PE classes exceeding 45 students, you may wish to request a copy of the district’s plan, or we’d be happy to make that request for you.
Speaking of class size caps
We are receiving numerous calls from members about K-4 classes that currently exceed the 22:1 cap. Pursuant to S.B. 300, which was also passed by the Texas Legislature in 2009, districts have until the later of October 1 or the 30th day after the first school day the district exceeds the 22:1 limit in a class to apply to the commissioner for a waiver. More information about class size waiver requests can be found in a letter from TEA that is available at http://ritter.tea.state.tx.us/taa/classsize20100907.html.
If the deadline has passed, your K-4 class exceeds 22 students, and you’re not aware that a waiver has been requested, feel free to give our legal department a call at 1-888-879-8282.
And remember – you can file a grievance about any condition of work, whether there is a violation of law alleged or not – so if your class size is outrageous, call our staff attorneys.
