Board Approval for Class Size Exceptions

TASB HR Services has received questions from school districts asking if they are required to get board approval to submit a class size exception.

According to the 2021–2022 Texas Education Agency (TEA) State Waivers Guidebook, school board approval is not required for a school district to file a maximum class size exception. In the past, the process was to obtain board approval and include the meeting date on the application submitted to TEA.

 A school district must submit a request for a class size exception for any classroom in PreK–Grade 4 exceeding 22 students (Texas Education Code (TEC) §25.112). The class size requirement applies throughout the school year except during any 12-week period selected by the district with a significant percentage of migratory students or the last 12 weeks of any school year.

To apply for an exception, the class size limit must create an undue hardship on the district. The following factors are considered by the commissioner:

• Unanticipated enrollment growth
• Lack of facilities
• Lack of teachers
• Financial hardships

If an exception is granted, a district must provide written notice in bold or underlined print, delivered by mail or other means of communication, to the parent or guardian of each student affected by the exception and specify the following:

• The class granted the class size exception
• The number of students in the class

Some districts have exempted themselves from these requirements in their District of Innovation (DOI) plan.