Amends TCA Title 49.

ON MARCH 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 197, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to revise numerous provisions pertaining to maximum class sizes. <br /> <br /> MAXIMUM CLASS SIZE LIMITS<br /> <br /> Present law prohibits the commissioner of education and the state board of education from granting waivers from the maximum class size limits prescribed in law. Every public local school system must have as a policy that pupil-teacher ratios should not exceed the averages prescribed in law. In a school building, the average size of any grade level unit cannot exceed the averages prescribed in law, although an individual class within that unit may exceed the average, but no class can exceed the prescribed maximum class size limit. This amendment deletes these provisions and requires each LEA and public charter school to adopt a policy that student-teacher ratios cannot exceed the maximum class size limits prescribed by law. <br /> <br /> Present law provides that, before the start of each school year, an LEA must identify each school that, based on the school's capacities at the building, grade, class, and program levels, has space available to enroll and serve additional students. In determining available space at the class level, an LEA may use the class size averages. This amendment authorizes the LEA to use the maximum class size limits, instead of the class size averages.<br /> <br /> STUDENT/TEACHER RATIOS<br /> <br /> Present law requires the average pupil/teacher ratios to establish the minimum number of regular classroom teaching positions in a school exclusive of the principal, assistant principal, counselor, elementary art, elementary music, elementary physical education, librarian, special education or other specialized positions. This amendment replaces "pupil/teacher ratios" with "student/teacher ratios".<br /> <br /> SPLIT-GRADE CLASSES<br /> <br /> Present law prohibits a local school system from establishing split-grade classes for the purpose of complying with the class size limits prescribed in law. However, this provision does not prevent school systems from using transitional, ungraded, or unstructured classes. Present law also prohibits a local school system from establishing split-grade classes without the approval of the local board of education. The average size specified for the grade levels involved in split-grade classes is the maximum size allowed in such classes. <br /> <br /> This amendment applies such prohibition on split-grade classes to an LEA or public charter school system, instead of a local school system. This amendment also revises the maximum class size provisions to provide that the maximum class size for a split-grade class approved by the local board of education or public charter school governing body is the maximum class size for the lowest grade level represented by the students enrolled in the class. <br /> <br /> WAIVERS<br /> <br /> Present law provides the following relative to waivers of such limits:<br /> <br /> (1) If a natural disaster results in the enrollment of displaced students, present law authorizes the commissioner of education to grant a waiver from the maximum class size limits;<br /> <br /> (2) LEAs that use the career academy or small learning community model may extend class sizes in career and technical education (CTE) classes in grades 9-12. As long as the CTE class sizes do not exceed the maximum class size set for general education classes in grades 7-12 and may seek a waiver from the commissioner of education for such purpose; and<br /> <br /> (3) The commissioner, upon request by an LEA, may grant a waiver from the average class sizes established by law to assist the LEA in funding a grow your own program.<br /> <br /> This amendment deletes (1)-(3) and provides, instead, that upon request of an LEA or public charter school, the commissioner may grant a waiver from the maximum class size limits. The commissioner must approve or deny a request no later than five business days after the commissioner receives the request. If the commissioner does not approve or deny a request no later than five business days after the commissioner receives the request, then the request is deemed approved for the respective school year.<br />