Rule 160-5-1-.08. Class Size

1. (1) DEFINITIONS.

   1. (a) Areas of Exceptionality - Areas of exceptionality with maximum class sizes are as follows.

      1. 1. S/L: Speech-Language Impairment
      2. 2. D/HH: Deaf/Hard of Hearing
      3. 3. LD: Specific Learning Disability
      4. 4. EBD: Emotional and Behavioral Disorder
      5. 5. MID: Mild Intellectual Disability
      6. 6. SID: Severe Intellectual Disability
      7. 7. MOID: Moderate Intellectual Disability
      8. 8. OI: Orthopedic Impairment
      9. 9. PID: Profound Intellectual Disability
      10. 10. VI: Visual Impairment
      11. 11. DB: Deaf-Blind
      12. 12. SED: Severe, Emotional and Behavioral Disorder
      13. 13. SDD: Significant Developmental Delay
   2. (b) Early Intervention Program (EIP) - Program to serve students in grades K through 5 who are at risk of not reaching or maintaining academic grade level to obtain the necessary skills to reach grade-level performance in the shortest possible time as specified in Rule 160-4-2-.17 Early Intervention Program.
   3. (c) Gifted Advanced Content Delivery Model - Achievement-grouped advanced classes in academic content areas. The curriculum is differentiated in content, pacing, process-skills emphasis, and expectation of student achievement to provide challenge for gifted learners. (Examples: middle school Algebra I; Honors/AP/IB courses)
   4. (d) Gifted Resource Class Delivery Model - Classes for gifted students that emphasize interdisciplinary enrichment. Although the curriculum has academic content, the instruction focuses on thinking skills, problem solving, research and communication skills, and creative productivity. (Example: Elementary Pull-Out Enrichment Class)
   5. (e) Individual Class Size Funding Ratio - The number of students needed to earn state funds, calculated on the base amount, to pay for a single class in each of the QBE formula programs.
   6. (f) Instructional Extension - A state-funded instructional program beyond the regular school day to address the academic needs of low-performing students.
   7. (g) Maximum Individual Class Size - Maximum number of students that may be taught by a teacher in a class segment.
   8. (h) Physical Classroom - The maximum class size for grades K-3 is applicable to the physical classroom. The physical classroom is the space used for the purposes of instruction to students. By way of example, to have more than twenty-one students in a K-3 classroom will require a divider, temporary or permanent. Whether the partition is temporary or permanent, the system shall obtain the approval of the fire marshal and the Facilities Division at the Georgia Department of Education.
   9. (i) Remedial Education Program - An instructional program designed for students in grades 6-12 who have identified deficiencies in reading, writing, and math as identified by Rule 160-4-5-.01 Remedial Education.
   10. (j) Resource Delivery Model - Instruction for students with disabilities outside the regular classroom for three or fewer segments of the instructional day.
   11. (k) Self-Contained Delivery Model - Instruction for students with disabilities in one area of exceptionality for four or more segments of the instructional day.

2. (2) REQUIREMENTS.

   1. (a) Local boards of education and schools shall comply with maximum class sizes and schedules listed in Appendices A-F.
   2. (b) Paraprofessionals may be used to increase class size only as provided in the appendices. Local boards of education shall ensure that state funds earned for paraprofessionals in kindergarten shall be used to provide paraprofessional services to all kindergarten classes.
   3. (c) Local boards of education not complying with maximum class size requirements shall be subject to a loss of funding for the entire class or program that is out of compliance. A school shall not count for FTE purposes any class that exceeds the maximum class size as provided in the appendices. However, a school shall count vocational labs and remedial classes that exceed maximum class size only as regular classes, provided they do not exceed the maximum regular class size.
   4. (d) The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless requested authorization for a specific larger number is approved by the State Board. The State Board may approve a request only in the limited circumstances where educationally justified and where an act of God or other unforeseen event led to the precipitous rise in enrollment within that system, or led to another occurrence which resulted in the local board's inability to comply with the maximum class size requirement. The State Board may approve requests for increases to maximum individual class sizes only. It shall not approve requests for increases to system average class sizes and it shall not approve requests for language arts, math, science, or social studies in grades 9-12.
   5. (e) The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. The maximum individual class size for all other purposes shall be defined as the maximum number of students that may be taught by a teacher in a class segment.
   6. (f) Beginning with the 2007-2008 school year, each local board of education shall establish maximum class sizes for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 that shall not exceed the funding size by more than 39 percent (see Appendix A) and shall annually report to the state board and to each school council in its school system such class sizes established. Compliance with maximum class size requirements for all other subjects in grades 9-12 shall be determined by the system average for applicable programs and grades. Individual class size for such programs and grades shall not exceed the applicable maximum system average by more than two students.

Appendix A

Regular and Vocational Programs

Grade(s) Subject(s) Funding Class Size Maximum Individual Class Size Regular Kindergarten 15 18 Regular Kindergarten With full-time paraprofessional 15 20 Regular Grades 1-3 No Paraprofessional 17 21 Regular Grade 1-3 With full-time paraprofessional 17 21 Grades 4-5 English, Math, Science, Social Studies 23 28 Grades 6-8 English, Math, Science, Social Studies 23 28 Grades 6-8 Middle Schools - All academic classes as defined in Rule 160-4-2-.05 Middle School Program Criteria 20 28 Fine Arts K-3 NA 33 Fine Arts & Foreign Language Instructional Programs Grades 4-5 NA 33 Fine Arts & Foreign Language Instructional Programs Grades 6-8 NA 33 Grades 4-8 All others (see exceptions) 23 33 Grades 9-12 English, Math, Social Studies, Science, Foreign Language 23 32* All other Subjects Grades 9-12 23 35 Vocational Labs 20 28 Remedial Grades 6-12 No paraprofessional 15 18 Remedial Grades 6-12 With full-time paraprofessional 15 24

*Local boards of education shall establish class size maximums for these courses which shall not exceed the funding size by more than 39 percent.

Exceptions to Maximum Class-size for Grades K-12 shall be as follows:

Course Maximum Individual Class Size (i) Typing/Keyboarding 35 (ii) Instrumental Music (e.g., band) 100 (iii) Choral Music 80 (iv) Physical Education No paraprofessional 40    Physical Education With paraprofessional (Elementary schools) 54 (v) Co-op Supervision 56

*Defined as class size by full-time equivalent reporting segment.

Appendix B

Students with Disabilities

Class Group/ Exception Program Funding Class Size Maximum Individual Class Size * ** Exception to Maximum 2 Segments Per Day Per Teacher With Paraprofessional Group I S/L-SC LD-SC 8 8 11 12 15 16 +1 +1 Group II MID-SC MID-R 6.5 6.5 10 10 13 13 +1 +1 Group III SID-SC D/HH-SC S/L-R BD-R LD-R BD-SC MOID-SC OI-SC 5 5 5 5 5 5 5 5 NA 6 7 7 8 8 NA NA 7 8 NA 10 10 11 11 11 +1 +1 NA +1 +1 +1 +1 0 Group IV D/HH-R VI-R OI-R VI(DB)-SC PID-SC 3 3 3 3 3 3 3 4 NA NA 4 4 5 6 6 +1 +1 +1 +1 0 5. Group V 8 NA NA NA

NOTE: Each paraprofessional is the equivalent to 1/3 teacher and affects individual class size proportionately. Various teacher/paraprofessional models shall be averaged independently.

NOTE: If students from different exceptionalities programs are within the same segment, the maximum class size shall be determined by the program with the smallest class size.

NOTE: Middle school and high school students served in a departmental model shall have an individual maximum class size of seven without a paraprofessional and ten with a paraprofessional, provided the number of students of any one exceptionality within the class does not exceed the individual maximum class size for that exceptionality.

EXCEPTION TO INDIVIDUAL MAXIMUM CLASS SIZE: The individual maximum class size with a paraprofessional may be increased as noted for two segments per day per teacher for the remainder of the school year. Maximum teacher/pupil ratio without a paraprofessional may not be increased. (See also Rule 160-4-7).

*No paraprofessional ** With paraprofessional

APPENDIX C

Gifted and Alternative Programs

Grade(s) Subject(s) Funding Class Size Maximum System Average Class Size No Paraprofessional With Paraprofessional K-3 7 11 13 4-8 7 14 15 9-12 7 18 20

1. GIFTED (i) Elementary Resource (K-5) (ii) Middle School Resource and Advanced Content (6- 8) (iii) High School Resource and Advance Content (9 -12) 12 12 12 17 21 21

Class/Group Exception Plan Funding Class Size Maximum System Avg. Class Size 2. ALTERNATIVE PROGRAMS No paraprofessional With full-time paraprofessional 15 15 18 24*

* The expectation is that a recommendation will be made that beginning with the 2008-2009 school year this will be reduced to 20.

APPENDIX D

English to Speakers of Other Languages (ESOL)

APPENDIX E

Early Intervention Program (EIP)

Self-Contained and Pull-out Models

Grade(s) Subject(s) Funding Class Size Maximum System Avg. Class Size Kindergarten 11 14 Grades 1-3 11 14 Grades 4-5 11 14

Self-contained classes may be multi-grade level classes as long as the class size does not exceed the maximum class size.

Augmented Class Model-Kindergarten

A state certified early childhood/elementary teacher will work for a minimum of one segment (45 minutes) with no more than 14 Early Intervention Program students.

Grade(s) Subject(s) Funding Class Size Maximum System Avg. Class Size Kindergarten 15 18 Kindergarten with full-time paraprofessional 15 20

A maximum of 14 EIP students may be in an augmented - class.

Augmented Class Model - Grades 1-3

A state certified early childhood/elementary teacher will work for a minimum of one segment (45 minutes) with no more than 14 Early Intervention Program students.

Grade(s) Subject(s) Funding Class Size Maximum System Avg. Class Size Grades 1-3 17 21 Grades 1-3 with full- time paraprofessional 17 21

Augmented Class Model - Grades 4-5

Grade(s) Subject (s) Funding Class Size Maximum System Avg. Class Size Grades 4- 5 23 30*

A maximum of 14 EIP students may be in an augmented class.

* The expectation is that a recommendation will be made that beginning with the 2008-2009 school year this will be reduced to 28.

Reduced Class Model - Kindergarten

EIP Students Non-EIP Students Maximum Total in Class 1 14 15 2 13 15 3 11 14 4 10 14 5 9 14 6 7 13 7 6 13 8 5 13 9 3 12 10 2 12 11 1 12

A full-time paraprofessional may be used in the kindergarten models to increase class size by 2 students. The 2 additional students may be either EIP or regular students.

Reduced Class Model - Grades 1-3 **

EIP Students Non-EIP Students Maximum Total in Class 1 16 17 2 14 16 3 13 16 4 12 16 5 10 15 6 8 14 7 7 14 8 5 13 9 4 13 10 2 12

Reduced Class Model - Grades 4-5 **

EIP Students Non-EIP Students Maximum Total in Class 1 22 23 2 20 22 3 18 21 4 16 20 5 14 19 6 12 18 7 10 17 8 8 16 9 6 15 10 4 14 11 2 13 12 1 13

** Paraprofessionals may not be used to reduce teacher/student ratio in grades 1-5.

Reading Recovery

The Reading Recovery Program may be used as a model for the Early Intervention Program.

Funding Class Size Maximum System Avg. Class Size 11 14

Students served by Reading Recovery may be counted for one segment of EIP instruction for the entire year.

APPENDIX F

Instructional Extension

Funding Class Size Maximum System Avg. Class Size After-school, Saturday, Summer, and inter - session programs 15 18

Authority: O.C.G.A. Secs. 20-2-151 to 20-2-154, 20-2-182.

History. Original Rule entitled "Class Size" adopted. F. Nov. 30, 1990; eff. Dec. 20, 1990.

Amended: Appendix B amended. F. Sept. 24, 1992; eff. Oct. 14, 1992.

Amended: F. Jan. 25, 1994; eff. Feb. 14, 1994.

Amended: F. Nov. 26, 1996; eff. Dec. 16, 1996.

Amended: F. July 25, 1997; eff. August 14, 1997.

Amended: F. Feb. 17, 1998; eff. Mar. 9, 1998.

Amended: F. Aug. 14, 1998; eff. Sept. 3, 1998.

Amended: F. May 20, 1999; eff. June 9, 1999.

Repealed: New Rule of same title adopted. F. June 29, 2000; eff. July 19, 2000.

Amended: F. Aug. 14, 2000; eff. Sept. 3, 2000.

Amended: F. May 21, 2001; eff. June 10, 2001.

Amended: F. July 23, 2001; eff. August 12, 2001.

Amended: F. July 23, 2003; eff. August 12, 2003.

Amended: F. July 12, 2004; eff. August 1, 2004.

Amended: F. Aug. 13, 2004; eff. Sept. 2, 2004.

Amended: F. July 15, 2005; eff. August 4, 2005.

Amended: F. Oct. 14, 2005; eff. Nov. 3, 2005.

Amended: F. July 14, 2006; eff. August 3, 2006.

Amended: F. Sept. 14, 2006; eff. Oct. 4, 2006.

Amended: F. Aug. 9, 2007; eff. Aug. 29, 2007.