Section 1. Section 53G-6-408 is enacted to read:53G-6-408. Class size limitation.(1)As used in this section:(a)(i)"Class" means a course, section, or instructional period in which an LEA or school assigns a group of students to a teacher who is primarily responsible and accountable for the instruction of a particular subject or group of subjects during a specific class period or instructional block.(ii)"Class" does not include a large-group class.(b)"Large-group class" means a secondary grade class:(i)which traditionally includes a larger group of students, including a choir, band, orchestra, or physical education class; and(ii)for which there is adequate supervision and facilities for safe and effective instruction.(c)"Secondary grade" means grades 6 through 12 in a middle school, junior high school, and high school.(2)(a)Except as provided in Subsection (2)(b), an LEA or school within an LEA may not assign more than 25 students to a class.(b)The limitation described in Subsection (2)(a) does not apply:(i)if the LEA or school assigns a paraeducator, paraprofessional, or teaching aide to the class the majority of classroom time; or(ii)for an online school or course using an asynchronous learning model.(3)If, after the school year begins, unanticipated enrollment changes make immediate compliance with Subsection (2) impracticable, an LEA governing board may approve a temporary variance for the affected class for the remainder of the term, if the board:(a)adopts a written plan to return the class to compliance for the immediately ensuing term or semester; and(b)provides written notice to the parents or guardians of students in the affected class within 10 school days that describes the reason for the variance and the steps the LEA or school will take to return to compliance.(4)(a)The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures for:(i)LEA documentation of compliance; and(ii)reporting class sizes to the state board.(5)(a)The state board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:(i)identify additional class types in secondary grades that:(A)are pedagogically suited to large-group instruction; and(B)for which a designation as a large-group class described in Subsection (5)(a)(ii) does not impair instructional effectiveness or student safety; and(ii)designate a class described in Subsection (5)(a)(i) as a large-group class that is exempt from the limitation described in Subsection (2).(6)Nothing in this section prohibits an LEA or a school within an LEA from adopting more stringent class size limits.