Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1236
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/28/2023 .
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The Committee on Education Pre-K -12 (Wright) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (4) of section 1003.03, Florida
6 Statutes, is amended to read:
7 1003.03 Maximum class size.—
8 (4) ACCOUNTABILITY.—
9 (a) If the department determines that the number of
10 students assigned to any individual class exceeds the class size
11 maximum, as required in subsection (1), based upon the October
12 student membership survey, the department shall:
13 1. Identify, for each grade group, the number of classes in
14 which the number of students exceeds the maximum and the total
15 number of students which exceeds the maximum for all classes.
16 2. Determine the number of FTE students which exceeds the
17 maximum for each grade group.
18 3. Multiply the total number of FTE students which exceeds
19 the maximum for each grade group by the district’s FTE dollar
20 amount of the class size categorical allocation for that year
21 and calculate the total for all three grade groups.
22 4. Multiply the total number of FTE students which exceeds
23 the maximum for all classes by an amount equal to 50 percent of
24 the base student allocation adjusted by the district cost
25 differential for each of the 2010-2011 through 2013-2014 fiscal
26 years and by an amount equal to the base student allocation
27 adjusted by the district cost differential in the 2014-2015
28 fiscal year and thereafter.
29 5. Reduce the district’s class size categorical allocation
30 by an amount equal to the sum of the calculations in
31 subparagraphs 3. and 4.
32 (b) The amount of funds reduced shall be the lesser of the
33 amount calculated in paragraph (a) or the undistributed balance
34 of the district’s class size categorical allocation. The Florida
35 Education Finance Program Appropriation Allocation Conference
36 shall verify the department’s calculation in paragraph (a). The
37 commissioner may withhold distribution of the class size
38 categorical allocation to the extent necessary to comply with
39 paragraph (a).
40 (c) In lieu of the reduction calculation in paragraph (a),
41 if the Commissioner of Education has evidence that a district
42 was unable to meet the class size requirements despite
43 appropriate efforts to do so or because of an extreme emergency,
44 the commissioner may recommend by February 15, subject to
45 approval of the Legislative Budget Commission, the reduction of
46 an alternate amount of funds from the district’s class size
47 categorical allocation.
48 (d) Upon approval of the reduction calculation in
49 paragraphs (a)-(c), the commissioner must prepare a reallocation
50 of the funds made available for the districts that have fully
51 met the class size requirements. The funds shall be reallocated
52 by calculating an amount of up to 5 percent of the base student
53 allocation multiplied by the total district FTE students. The
54 reallocation total may not exceed 25 percent of the total funds
55 reduced.
56 (e) Each district that has not complied with the
57 requirements in subsection (1), based on the October student
58 membership survey, shall submit to the commissioner by February
59 1 a plan certified by the district school board that describes
60 the specific actions the district will take in order to fully
61 comply with the requirements in subsection (1) by October of the
62 following school year. If a district submits the certified plan
63 by the required deadline, the funds remaining after the
64 reallocation calculation in paragraph (d) shall be added back to
65 the district’s class size categorical allocation based on each
66 qualifying district’s proportion of the total reduction for all
67 qualifying districts for which a reduction was calculated in
68 paragraphs (a)-(c). However, no district shall have an amount
69 added back that is greater than the amount that was reduced.
70 (f) The department shall adjust school district class size
71 reduction categorical allocation distributions based on the
72 calculations in paragraphs (a)-(e).
73 Section 2. Subsections (3) and (4) of section 1003.05,
74 Florida Statutes, are amended to read:
75 1003.05 Assistance to transitioning students from military
76 families.—
77 (3)(a) Dependent children of active duty military personnel
78 who otherwise meet the eligibility criteria for special academic
79 programs offered through public schools:
80 1. Shall be given first preference for admission to such
81 programs even if the program is being offered through a public
82 school other than the school to which the student would
83 generally be assigned.
84 2. Must be enrolled in such programs if the student’s
85 parent is transferred to the state during the school year.
86 (b) If such a program is offered through a public school
87 other than the school to which the student would generally be
88 assigned, the parent or guardian of the student must assume
89 responsibility for transporting the student to that school. For
90 purposes of this subsection, special academic programs include
91 magnet schools, advanced studies programs, advanced placement,
92 dual enrollment, Advanced International Certificate of
93 Education, and International Baccalaureate.
94 (4) A student whose parent is transferred or is pending
95 transfer to a military installation within the state while on
96 active military duty pursuant to an official military order
97 shall be considered a resident of the school district for
98 purposes of enrollment when the order is submitted to the school
99 district and shall be provided preferential treatment in the
100 controlled open enrollment process of the school district
101 pursuant to s. 1002.31. A student whose parent is transferred
102 within this state after the controlled open enrollment window
103 may enroll in any school within this state.
104 Section 3. This act shall take effect July 1, 2023.
105
106 ================= T I T L E A M E N D M E N T ================
107 And the title is amended as follows:
108 Delete everything before the enacting clause
109 and insert:
110 A bill to be entitled
111 An act relating to K-12 education; amending s.
112 1003.03, F.S.; deleting a specified reduction
113 calculation for certain school district funding for
114 school districts that fail to meet certain class size
115 requirements; conforming provisions to changes made by
116 the act; amending s. 1003.05, F.S.; providing that
117 certain dependent children of active duty military
118 personnel must be enrolled in certain programs;
119 authorizing certain students of military personnel to
120 enroll in any school within this state under certain
121 circumstances; providing an effective date.