Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for SB 1466
Senate . House
Floor: WD .
04/27/2011 08:53 AM .
Senator Diaz de la Portilla moved the following:
1 Senate Amendment (with directory and title amendments)
3 Between lines 119 and 120
6 (a) If the department determines that the number of
7 students assigned to any individual class exceeds the class size
8 maximum, as required in subsection (1), based upon the October
9 student membership survey, the department shall:
10 1. Identify, for each grade group, the number of classes in
11 which the number of students exceeds the maximum and the total
12 number of students which exceeds the maximum for all classes.
13 2. Determine the number of FTE students which exceeds the
14 maximum for each grade group.
15 3. Multiply the total number of FTE students which exceeds
16 the maximum for each grade group by the district’s FTE dollar
17 amount of the class size categorical allocation for that year
18 and calculate the total for all three grade groups.
19 4. Multiply the total number of FTE students which exceeds
20 the maximum for all classes by an amount equal to 50 percent of
21 the base student allocation adjusted by the district cost
22 differential for the 2010-2011 fiscal year and by an amount
23 equal to the base student allocation adjusted by the district
24 cost differential beginning in the 2011-2012 fiscal year and
26 5. Reduce the district’s class size categorical allocation
27 by an amount equal to the sum of the calculations in
28 subparagraphs 3. and 4.
29 (b) The amount of funds reduced shall be the lesser of the
30 amount calculated in paragraph (a) or the undistributed balance
31 of the district’s class size categorical allocation. The Florida
32 Education Finance Program Appropriation Allocation Conference
33 shall verify the department’s calculation in paragraph (a). The
34 commissioner may withhold distribution of the class size
35 categorical allocation to the extent necessary to comply with
36 paragraph (a).
37 (c) In lieu of the reduction calculation in paragraph (a),
38 if the Commissioner of Education has evidence that a district
39 was unable to meet the class size requirements despite
40 appropriate efforts to do so or because of an extreme emergency,
41 the commissioner may recommend by February 15, subject to
42 approval of the Legislative Budget Commission, the reduction of
43 an alternate amount of funds from the district’s class size
44 categorical allocation.
45 (d) Upon approval of the reduction calculation in
46 paragraphs (a)-(c), the commissioner must prepare a reallocation
47 of the funds made available for the districts that have fully
48 met the class size requirements. The funds shall be reallocated
49 by calculating an amount of up to 5 percent of the base student
50 allocation multiplied by the total district FTE students. The
51 reallocation total may not exceed 25 percent of the total funds
53 (e) Each district that has not complied with the
54 requirements in subsection (1) shall submit to the commissioner
55 by February 15 a plan certified by the district school board
56 that describes the specific actions the district will take in
57 order to fully comply with the requirements in subsection (1) by
58 October of the following school year. If a district submits the
59 certified plan by the required deadline, the funds remaining
60 after the reallocation calculation in paragraph (d) shall be
61 added back to the district’s class size categorical allocation
62 based on each qualifying district’s proportion of the total
63 reduction for all qualifying districts for which a reduction was
64 calculated in paragraphs (a)-(c). However, no district shall
65 have an amount added back that is greater than the amount that
66 was reduced.
67 (f) The department shall adjust school district class size
68 reduction categorical allocation distributions based on the
69 calculations in paragraphs (a)-(e).
70 (4) (5) TEAM-TEACHING STRATEGIES.—
71 (a) School districts may use teaching strategies that
72 include the assignment of more than one teacher to a classroom
73 of students and that were implemented before July 1, 2005.
74 Effective July 1, 2005, school districts may implement
75 additional teaching strategies that include the assignment of
76 more than one teacher to a classroom of students for the
77 following purposes only:
78 1. Pairing teachers for the purpose of staff development.
79 2. Pairing new teachers with veteran teachers.
80 3. Reducing turnover among new teachers.
81 4. Pairing teachers who are teaching out-of-field with
82 teachers who are in-field.
83 5. Providing for more flexibility and innovation in the
85 6. Improving learning opportunities for students, including
86 students who have disabilities.
87 (b) Teaching strategies, including team teaching, co
88 teaching, or inclusion teaching, implemented on or after July 1,
89 2005, pursuant to paragraph (a) may be implemented subject to
90 the following restrictions:
91 1. Reasonable limits shall be placed on the number of
92 students in a classroom so that classrooms are not overcrowded.
93 Teacher-to-student ratios within a curriculum area or grade
94 level must not exceed constitutional limits.
95 2. At least one member of the team must have at least 3
96 years of teaching experience.
97 3. At least one member of the team must be teaching in
99 4. The teachers must be trained in team-teaching methods
100 within 1 year after assignment.
101 (c) As used in this subsection, the term:
102 1. “Team teaching” or “co-teaching” means two or more
103 teachers are assigned to a group of students and each teacher is
104 responsible for all of the students during the entire class
105 period. In order to be considered team teaching or co-teaching,
106 each teacher is responsible for planning, delivering, and
107 evaluating instruction for all students in the class or subject
108 for the entire class period.
109 2. “Inclusion teaching” means two or more teachers are
110 assigned to a group of students, but one of the teachers is
111 responsible for only one student or a small group of students in
112 the classroom.
114 The use of strategies implemented as outlined in this subsection
115 meets the letter and intent of the Florida Constitution and the
116 Florida Statutes which relate to implementing class size
117 reduction, and this subsection applies retroactively. A school
118 district may not be penalized financially or otherwise as a
119 result of the use of any legal strategy, including, but not
120 limited to, those set forth in subsection (3) and this
122 Section 3. Subsection (3) is added to section 1003.44,
123 Florida Statutes, to read:
124 1003.44 Patriotic programs; rules.—
125 (3)(a) Each district school board shall designate one month
126 of the school year to celebrate the Founding Fathers of the
127 United States of America and the principles inherent in the
128 country’s founding documents. This month may be coordinated with
129 Celebrate Freedom Week which is observed pursuant to s.
131 (b) During the designated month, students shall be provided
132 instruction that focuses on:
133 1. The leading figures present at the country’s founding
134 who were instrumental in crafting the founding documents and
135 setting democratic political precedent.
136 2. The moral and civic virtue, self-sacrifice, intellectual
137 genius, and patriotism demonstrated by the country’s founding
139 3. The founding documents, including, but not limited to,
140 the Declaration of Independence, the Constitution of the United
141 States, the Bill of Rights, and the Federalist Papers.
142 4. The historical and philosophical importance of the
143 Declaration of Independence with its emphasis that all people
144 “are endowed by their Creator with certain unalienable rights,
145 that among these are life, liberty, and the pursuit of
147 5. The principles inherent in the founding documents,
148 including, but not limited to, individual freedom, limited
149 representative democratic government, a free market economy and
150 system, civic virtue, national sovereignty, natural law, and
151 self-evident truth.
152 (c) The instruction may be integrated into the existing
153 school curriculum through methods including, but not limited to,
154 supplementing lesson plans, holding school assemblies, or
155 providing school-related activities.
157 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
158 And the directory clause is amended as follows:
159 Delete line 70
160 and insert:
161 Section 2. Subsections (1), (2), (4), and (5) of section
164 ================= T I T L E A M E N D M E N T ================
165 And the title is amended as follows:
166 Delete lines 2 - 23
167 and insert:
168 An act relating to public education; amending s.
169 1003.01, F.S.; redefining the terms “core-curricula
170 courses” and “extracurricular courses”; amending s.
171 1003.03, F.S.; deleting a reference to the State
172 Constitution regarding class size maximums; requiring
173 that class size maximums be satisfied on or before the
174 October student membership survey each year; requiring
175 that the class size maximums be maintained after the
176 October student membership survey unless certain
177 conditions occur; providing that a student who enrolls
178 in a school after the October student membership
179 survey may be assigned to classes that temporarily
180 exceed class size maximums if the school board
181 determines that not assigning the student would be
182 impractical, educationally unsound, or disruptive to
183 student learning; providing for a specified number of
184 students to be assigned above the maximum if the
185 district school board makes this determination;
186 requiring that the district school board develop a
187 plan providing that the school will be in full
188 compliance with the maximum class size requirements by
189 the next October student membership survey; deleting
190 provisions that impose financial penalties, and
191 provide calculations therefor, on school districts
192 that do not meet maximum class size requirements;
193 amending s. 1003.44, F.S.; requiring district school
194 boards to designate one month of the school year to
195 celebrate the Founding Fathers of the United States of
196 America and the principles inherent in the country’s
197 founding documents; specifying the focus of
198 instruction during the designated month; providing
199 that instruction may be integrated into the existing
200 school curriculum; amending