49-1-104 - Maximum class size Waiver Split-grade classes.
49-1-104. Maximum class size Waiver Split-grade classes.
(a) It is the intent of the general assembly that every LEA move expeditiously and promptly toward the goals established in this section, and to that end, neither the commissioner nor the state board of education shall grant waivers from the maximum class sizes established in this section. Every public local school system shall have as a policy that pupil-teacher ratios should not exceed the averages prescribed in this section. In no school building shall the average size of any grade level unit prescribed in this section exceed the stated average, though any individual class within that unit may exceed the average; provided, that no class shall exceed the prescribed maximum size.
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(b) The state board of education, in consultation with the state department of education, shall establish class size standards and case load standards for instructional personnel and teachers having the primary responsibility for the development, implementation and updating of a student's individualized education plan (IEP). In addition to case load requirements, these standards shall address class size in all classrooms that include students with disabilities and students eligible for special education services.
(c) The average pupil teacher ratios in this section shall 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.
(d) Class size limits may be exceeded in such areas as typewriting, junior reserve officers' training corps (JROTC) and instrumental and vocal music classes; provided, that the effectiveness of the instructional program in these areas is not impaired.
(e) (1) No local school system shall establish split-grade classes for the purpose of complying with this section. This subsection (e) does not prevent school systems from using transitional, ungraded or unstructured classes.
(2) No local school system shall establish split-grade classes for any purpose without the approval of the local board of education.
(3) The average size specified for the grade levels involved in split-grade classes will be the maximum size allowed in such classes, notwithstanding the maximum size otherwise allowed by this section.
(f) In the event of a natural disaster that results in the enrollment of displaced students, the commissioner of education may grant a waiver from the maximum class sizes established in this section.
(g) (1) Beginning July 1, 2008, as part of a two-year pilot initiative for Metro Nashville public schools and Davidson County, class sizes in career and technical education classes may be extended not to exceed the limit set for academic classes in grades seven through twelve (7-12), only where programs are implemented that use the career academy or small learning community model. This extension shall be granted by the commissioner of education.
(2) The department of education shall convene a committee for the purpose of reviewing and making recommendations based on the two-year pilot, assessing potential statewide implications for career and technical education funding within the BEP. The committee shall be comprised of, but not limited to, representation from the department of education, the state board of education, private industry, local career and technical education directors and higher education.
(3) The committee shall submit recommendations to the speakers of the senate and the house of representatives, the chairs of the education committees of the senate and the house of representatives and the BEP review committee no later than January 1, 2010.
[Acts 1984 (1st E.S.), ch. 7, § 100; 1992, ch. 535, § 37; 2001, ch. 374, § 1; 2006, ch. 579, § 1; 2007, ch. 313, § 1; 2008, ch. 993, § 1.]