HB 227 PHASE IN CLASS LOAD LIMITS

Rep Raymundo Lara

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 227 (HB 227) relating to public schools phases in maximum class load limits for elementary school classes. HB 227 replaces average class load limits with maximum class loads. HB 227 allows waivers and requires school districts to report class load waivers on their websites. HB 227 requires school and charter school education plans to report class and teaching loads. HB 227 requires the Public Education Department to create and maintain an online portal to receive reports of class load violations. HB 227 makes an appropriation. 

 House Bill 227 (HB 227) provides maximum class load limits for elementary school classes. HB 227 also allows waivers and requires reporting. HB 227 makes an appropriation.

SECTION 1 amends Public Schools Section 22-8-6 NMSA 1978 (being Laws 1967, Chapter 16, Section 60, as amended) in Operating Budgets to insert E(2) to require that each school district and each charter school educational plan shall include: 
(2) for school districts, the class load and teacher load in each elementary or secondary class at each school site provided for in the operating budget to meet the requirements of Section 22-10A-20 NMSA 1978 and the class load and teacher load for each of those classes in the prior school year and any class load or teacher load waivers granted by the department in the prior school year or requested for the upcoming school year;

SECTION 2 amends Section 22-10A-20 NMSA 1978 (being Laws 1986, Chapter 33, Section 3, as amended) to adjust class and teaching loads. Subsection A is amended to specify the maximum individual school class loads for kindergarten and provides that a full-time kindergarten shall be entitled to the assistance of an educational assistant. 

Subsection B is inserted and the section relettered. 
B. The maximum individual class load of 20 students for elementary school teachers at each individual school shall be phased for teachers in as follows: 
(1) in grade one beginning with the 2024-2025 school year; provided that a teacher with a class load of 15 to 20 students shall be entitled to the assistance of an educational assistant; 
(2) in grade two beginning with the 2025-2026 school year; 
(3) in grade three beginning with the 2026-2027 school year; 
(4) in grade four beginning with the 2027-2028 school year; 
(5) in grade five beginning with the 2028-2029 school year; and 
(6)  in grade six beginning with the 2029-2030 school year. 

C. Before the maximum class load for a specific grade is phased in, the maximum class load for elementary school teachers at is:
22 students for grades two and three
24 students in grades four, five and six

E. Allows that only classroom teachers charged with responsibility for the regular classroom instructional program shall be counted in determining maximum class loads.

G. Deletes the state superintendent and assigns to the the secretary the authority to waive the individual school class load requirements. 
- waivers shall be applied for annually and a waiver shall not be granted for more than two consecutive years; 
- waivers may only be granted if a school district demonstrates that neither portable classrooms nor alternative classroom sites are available;
- the school district has a specific plan demonstrating how it will increase building capacity to meet the class load limits the following school years;
- the school district has notified all families affected by a waiver request and has held a public hearing in accordance with the Open Meetings Act to explain the reasons for the waiver request, the statutory class load limits and the school district's plan to achieve compliance with those limits by the following school year.

H. If a waiver is granted pursuant to Subsection G, the individual class load for elementary school teachers at that school shall not exceed 20 students in kindergarten and grade one, 22 students in grades two and three, and 24 students in grades four through six.

I. Provides that each school district shall report to the department the size and composition of classes on the first and second reporting dates. Failure to meet class load requirements within one year shall be justification for the disapproval of the school district's budget by the department.

J. Requires the department shall post approved waivers on the department's website and report to the legislative education study committee by November 30 of each year regarding each school district's ability to meet class load requirements imposed by law.

SECTION 3 makes an appropriation of $1,430,000 from the General Fund to the Public School Capital Outlay Fund for expenditure in Fiscal Year 2025 and subsequent fiscal years to provide additional classroom space for public schools that demonstrate the need for additional classrooms to comply with the class load maximums provided for in Section 22-10A-20 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the General Fund.

SECTION 4. This act applies to the 2024-2025 and subsequent school years. 

SECTION 5 makes the effective date July 1, 2024. 

 House Bill 227 relates to House Bill 215, as both are addressing maximum class loads.