Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for SB 1466
Barcode 297778
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
04/27/2011 10:41 AM .
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Senator Diaz de la Portilla moved the following:
1 Senate Amendment (with directory and title amendments)
2
3 Delete lines 127 - 132
4 and insert:
5 (3) IMPLEMENTATION OPTIONS.—District school boards must
6 consider, but are not limited to, implementing the following
7 items in order to meet the constitutional class size maximums
8 described in subsection (1):
9 (a) Adopt policies to encourage qualified students to take
10 dual enrollment courses.
11 (b) Adopt policies to encourage students to take courses
12 from the Florida Virtual School and school district virtual
13 instruction programs.
14 (c)1. Repeal district school board policies that require
15 students to have more than 24 credits to graduate from high
16 school.
17 2. Adopt policies to allow students to graduate from high
18 school as soon as they pass the grade 10 FCAT and complete the
19 courses required for high school graduation.
20 (d) Use methods to maximize use of instructional staff,
21 such as changing required teaching loads and scheduling of
22 planning periods, deploying district employees that have
23 professional certification to the classroom, using adjunct
24 educators, or any other method not prohibited by law.
25 (e) Use innovative methods to reduce the cost of school
26 construction by using prototype school designs, using SMART
27 Schools designs, participating in the School Infrastructure
28 Thrift Program, or any other method not prohibited by law.
29 (f) Use joint-use facilities through partnerships with
30 community colleges, state universities, and private colleges and
31 universities. Joint-use facilities available for use as K-12
32 classrooms that do not meet the K-12 State Regulations for
33 Educational Facilities in the Florida Building Code may be used
34 at the discretion of the district school board provided that
35 such facilities meet all other health, life, safety, and fire
36 codes.
37 (g) Adopt alternative methods of class scheduling, such as
38 block scheduling.
39 (h) Redraw school attendance zones to maximize use of
40 facilities while minimizing the additional use of
41 transportation.
42 (i) Operate schools beyond the normal operating hours to
43 provide classes in the evening or operate more than one session
44 of school during the day.
45 (j) Use year-round schools and other nontraditional
46 calendars that do not adversely impact annual assessment of
47 student achievement.
48 (k) Review and consider amending any collective bargaining
49 contracts that hinder the implementation of class size
50 reduction.
51 (l) Use any other approach not prohibited by law.
52 (4) ACCOUNTABILITY.—
53 (a) If the department determines that the number of
54 students assigned to any individual class exceeds the class size
55 maximum, as required in subsection (1), based upon the October
56 student membership survey, the department shall:
57 1. Identify, for each grade group, the number of classes in
58 which the number of students exceeds the maximum and the total
59 number of students which exceeds the maximum for all classes.
60 2. Determine the number of FTE students which exceeds the
61 maximum for each grade group.
62 3. Multiply the total number of FTE students which exceeds
63 the maximum for each grade group by the district’s FTE dollar
64 amount of the class size categorical allocation for that year
65 and calculate the total for all three grade groups.
66 4. Multiply the total number of FTE students which exceeds
67 the maximum for all classes by an amount equal to 50 percent of
68 the base student allocation adjusted by the district cost
69 differential for the 2010-2011 fiscal year and by an amount
70 equal to the base student allocation adjusted by the district
71 cost differential beginning in the 2011-2012 fiscal year and
72 thereafter.
73 5. Reduce the district’s class size categorical allocation
74 by an amount equal to the sum of the calculations in
75 subparagraphs 3. and 4.
76 (b) The amount of funds reduced shall be the lesser of the
77 amount calculated in paragraph (a) or the undistributed balance
78 of the district’s class size categorical allocation. The Florida
79 Education Finance Program Appropriation Allocation Conference
80 shall verify the department’s calculation in paragraph (a). The
81 commissioner may withhold distribution of the class size
82 categorical allocation to the extent necessary to comply with
83 paragraph (a).
84 (c) In lieu of the reduction calculation in paragraph (a),
85 if the Commissioner of Education has evidence that a district
86 was unable to meet the class size requirements despite
87 appropriate efforts to do so or because of an extreme emergency,
88 the commissioner may recommend by February 15, subject to
89 approval of the Legislative Budget Commission, the reduction of
90 an alternate amount of funds from the district’s class size
91 categorical allocation.
92 (d) Upon approval of the reduction calculation in
93 paragraphs (a)-(c), the commissioner must prepare a reallocation
94 of the funds made available for the districts that have fully
95 met the class size requirements. The funds shall be reallocated
96 by calculating an amount of up to 5 percent of the base student
97 allocation multiplied by the total district FTE students. The
98 reallocation total may not exceed 25 percent of the total funds
99 reduced.
100 (e) Each district that has not complied with the
101 requirements in subsection (1) shall submit to the commissioner
102 by February 15 a plan certified by the district school board
103 that describes the specific actions the district will take in
104 order to fully comply with the requirements in subsection (1) by
105 October of the following school year. If a district submits the
106 certified plan by the required deadline, the funds remaining
107 after the reallocation calculation in paragraph (d) shall be
108 added back to the district’s class size categorical allocation
109 based on each qualifying district’s proportion of the total
110 reduction for all qualifying districts for which a reduction was
111 calculated in paragraphs (a)-(c). However, no district shall
112 have an amount added back that is greater than the amount that
113 was reduced.
114 (f) The department shall adjust school district class size
115 reduction categorical allocation distributions based on the
116 calculations in paragraphs (a)-(e).
117 (4)(5) TEAM-TEACHING STRATEGIES.—
118 (a) School districts may use teaching strategies that
119 include the assignment of more than one teacher to a classroom
120 of students and that were implemented before July 1, 2005.
121 Effective July 1, 2005, school districts may implement
122 additional teaching strategies that include the assignment of
123 more than one teacher to a classroom of students for the
124 following purposes only:
125 1. Pairing teachers for the purpose of staff development.
126 2. Pairing new teachers with veteran teachers.
127 3. Reducing turnover among new teachers.
128 4. Pairing teachers who are teaching out-of-field with
129 teachers who are in-field.
130 5. Providing for more flexibility and innovation in the
131 classroom.
132 6. Improving learning opportunities for students, including
133 students who have disabilities.
134 (b) Teaching strategies, including team teaching, co
135 teaching, or inclusion teaching, implemented on or after July 1,
136 2005, pursuant to paragraph (a) may be implemented subject to
137 the following restrictions:
138 1. Reasonable limits shall be placed on the number of
139 students in a classroom so that classrooms are not overcrowded.
140 Teacher-to-student ratios within a curriculum area or grade
141 level must not exceed constitutional limits.
142 2. At least one member of the team must have at least 3
143 years of teaching experience.
144 3. At least one member of the team must be teaching in
145 field.
146 4. The teachers must be trained in team-teaching methods
147 within 1 year after assignment.
148 (c) As used in this subsection, the term:
149 1. “Team teaching” or “co-teaching” means two or more
150 teachers are assigned to a group of students and each teacher is
151 responsible for all of the students during the entire class
152 period. In order to be considered team teaching or co-teaching,
153 each teacher is responsible for planning, delivering, and
154 evaluating instruction for all students in the class or subject
155 for the entire class period.
156 2. “Inclusion teaching” means two or more teachers are
157 assigned to a group of students, but one of the teachers is
158 responsible for only one student or a small group of students in
159 the classroom.
160
161 The use of strategies implemented as outlined in this subsection
162 meets the letter and intent of the Florida Constitution and the
163 Florida Statutes which relate to implementing class size
164 reduction, and this subsection applies retroactively. A school
165 district may not be penalized financially or otherwise as a
166 result of the use of any legal strategy, including, but not
167 limited to, those set forth in subsection (3) and this
168 subsection.
169 (5) COURSES FOR COMPLIANCE.—Consistent with the provisions
170 in ss. 1003.01(14) and 1003.428, the Department of Education
171 shall identify from the Course Code Directory the core-curricula
172 courses for the purpose of satisfying the maximum class size
173 requirement in this section. The department may adopt rules to
174 implement this subsection, if necessary.
175 Section 3. Subsection (3) is added to section 1003.44,
176 Florida Statutes, to read:
177 1003.44 Patriotic programs; rules.—
178 (3)(a) Each district school board shall designate one month
179 of the school year to celebrate the Founding Fathers of the
180 United States of America and the principles inherent in the
181 country’s founding documents. This month may be coordinated with
182 Celebrate Freedom Week which is observed pursuant to s.
183 1003.421.
184 (b) During the designated month, students shall be provided
185 instruction that focuses on:
186 1. The leading figures present at the country’s founding
187 who were instrumental in crafting the founding documents and
188 setting democratic political precedent.
189 2. The moral and civic virtue, self-sacrifice, intellectual
190 genius, and patriotism demonstrated by the country’s founding
191 fathers.
192 3. The founding documents, including, but not limited to,
193 the Declaration of Independence, the Constitution of the United
194 States, the Bill of Rights, and the Federalist Papers.
195 4. The historical and philosophical importance of the
196 Declaration of Independence with its emphasis that all people
197 “are endowed by their Creator with certain unalienable rights,
198 that among these are life, liberty, and the pursuit of
199 happiness.”
200 5. The principles inherent in the founding documents,
201 including, but not limited to, individual freedom, limited
202 representative democratic government, a free market economy and
203 system, civic virtue, national sovereignty, natural law, and
204 self-evident truth.
205 (c) The instruction may be integrated into the existing
206 school curriculum through methods including, but not limited to,
207 supplementing lesson plans, holding school assemblies, or
208 providing school-related activities.
209
210 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
211 And the directory clause is amended as follows:
212 Delete lines 73 - 75
213 and insert:
214 Section 2. Section 1003.03, Florida Statutes, is amended to
215 read:
216
217 ================= T I T L E A M E N D M E N T ================
218 And the title is amended as follows:
219 Delete lines 2 - 28
220 and insert:
221 An act relating to public education; amending s.
222 1003.01, F.S.; redefining the terms “core-curricula
223 courses” and “extracurricular courses”; amending s.
224 1003.03, F.S.; deleting a reference to the State
225 Constitution regarding class size maximums; requiring
226 that class size maximums be satisfied on or before the
227 October student membership survey each year; requiring
228 that the class size maximums be maintained after the
229 October student membership survey unless certain
230 conditions occur; providing that a student who enrolls
231 in a school after the October student membership
232 survey may be assigned to classes that temporarily
233 exceed class size maximums if the school board
234 determines that not assigning the student would be
235 impractical, educationally unsound, or disruptive to
236 student learning; providing for a specified number of
237 students to be assigned above the maximum if the
238 district school board makes this determination;
239 requiring that the district school board develop a
240 plan providing that the school will be in full
241 compliance with the maximum class size requirements by
242 the next October student membership survey; deleting
243 provisions that impose financial penalties, and
244 provide calculations therefor, on school districts
245 that do not meet maximum class size requirements;
246 requiring that the Department of Education identify
247 from the Course Code Directory the core-curricula
248 courses for the purpose of satisfying the maximum
249 class size requirement; authorizing the department to
250 adopt rules; amending s. 1003.44, F.S.; requiring
251 district school boards to designate one month of the
252 school year to celebrate the Founding Fathers of the
253 United States of America and the principles inherent
254 in the country’s founding documents; specifying the
255 focus of instruction during the designated month;
256 providing that instruction may be integrated into the
257 existing school curriculum; amending s. 1011.685,
258 F.S.; revising provisions