Florida Senate - 2023 CS for SB 1236
By the Committee on Education Pre-K -12; and Senator Wright
581-03089-23 20231236c1
1 A bill to be entitled
2 An act relating to K-12 education; amending s.
3 1003.03, F.S.; deleting a specified reduction
4 calculation for certain school district funding for
5 school districts that fail to meet certain class size
6 requirements; conforming provisions to changes made by
7 the act; amending s. 1003.05, F.S.; providing that
8 certain dependent children of active duty military
9 personnel must be enrolled in certain programs;
10 authorizing certain students of military personnel to
11 enroll in any school within this state under certain
12 circumstances; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (4) of section 1003.03, Florida
17 Statutes, is amended to read:
18 1003.03 Maximum class size.—
19 (4) ACCOUNTABILITY.—
20 (a) If the department determines that the number of
21 students assigned to any individual class exceeds the class size
22 maximum, as required in subsection (1), based upon the October
23 student membership survey, the department shall:
24 1. Identify, for each grade group, the number of classes in
25 which the number of students exceeds the maximum and the total
26 number of students which exceeds the maximum for all classes.
27 2. Determine the number of FTE students which exceeds the
28 maximum for each grade group.
29 3. Multiply the total number of FTE students which exceeds
30 the maximum for each grade group by the district’s FTE dollar
31 amount of the class size categorical allocation for that year
32 and calculate the total for all three grade groups.
33 4. Multiply the total number of FTE students which exceeds
34 the maximum for all classes by an amount equal to 50 percent of
35 the base student allocation adjusted by the district cost
36 differential for each of the 2010-2011 through 2013-2014 fiscal
37 years and by an amount equal to the base student allocation
38 adjusted by the district cost differential in the 2014-2015
39 fiscal year and thereafter.
40 5. Reduce the district’s class size categorical allocation
41 by an amount equal to the sum of the calculations in
42 subparagraphs 3. and 4.
43 (b) The amount of funds reduced shall be the lesser of the
44 amount calculated in paragraph (a) or the undistributed balance
45 of the district’s class size categorical allocation. The Florida
46 Education Finance Program Appropriation Allocation Conference
47 shall verify the department’s calculation in paragraph (a). The
48 commissioner may withhold distribution of the class size
49 categorical allocation to the extent necessary to comply with
50 paragraph (a).
51 (c) In lieu of the reduction calculation in paragraph (a),
52 if the Commissioner of Education has evidence that a district
53 was unable to meet the class size requirements despite
54 appropriate efforts to do so or because of an extreme emergency,
55 the commissioner may recommend by February 15, subject to
56 approval of the Legislative Budget Commission, the reduction of
57 an alternate amount of funds from the district’s class size
58 categorical allocation.
59 (d) Upon approval of the reduction calculation in
60 paragraphs (a)-(c), the commissioner must prepare a reallocation
61 of the funds made available for the districts that have fully
62 met the class size requirements. The funds shall be reallocated
63 by calculating an amount of up to 5 percent of the base student
64 allocation multiplied by the total district FTE students. The
65 reallocation total may not exceed 25 percent of the total funds
66 reduced.
67 (e) Each district that has not complied with the
68 requirements in subsection (1), based on the October student
69 membership survey, shall submit to the commissioner by February
70 1 a plan certified by the district school board that describes
71 the specific actions the district will take in order to fully
72 comply with the requirements in subsection (1) by October of the
73 following school year. If a district submits the certified plan
74 by the required deadline, the funds remaining after the
75 reallocation calculation in paragraph (d) shall be added back to
76 the district’s class size categorical allocation based on each
77 qualifying district’s proportion of the total reduction for all
78 qualifying districts for which a reduction was calculated in
79 paragraphs (a)-(c). However, no district shall have an amount
80 added back that is greater than the amount that was reduced.
81 (f) The department shall adjust school district class size
82 reduction categorical allocation distributions based on the
83 calculations in paragraphs (a)-(e).
84 Section 2. Subsections (3) and (4) of section 1003.05,
85 Florida Statutes, are amended to read:
86 1003.05 Assistance to transitioning students from military
87 families.—
88 (3)(a) Dependent children of active duty military personnel
89 who otherwise meet the eligibility criteria for special academic
90 programs offered through public schools:
91 1. Shall be given first preference for admission to such
92 programs even if the program is being offered through a public
93 school other than the school to which the student would
94 generally be assigned.
95 2. Must be enrolled in such programs if the student’s
96 parent is transferred to the state during the school year.
97 (b) If such a program is offered through a public school
98 other than the school to which the student would generally be
99 assigned, the parent or guardian of the student must assume
100 responsibility for transporting the student to that school. For
101 purposes of this subsection, special academic programs include
102 magnet schools, advanced studies programs, advanced placement,
103 dual enrollment, Advanced International Certificate of
104 Education, and International Baccalaureate.
105 (4) A student whose parent is transferred or is pending
106 transfer to a military installation within the state while on
107 active military duty pursuant to an official military order
108 shall be considered a resident of the school district for
109 purposes of enrollment when the order is submitted to the school
110 district and shall be provided preferential treatment in the
111 controlled open enrollment process of the school district
112 pursuant to s. 1002.31. A student whose parent is transferred
113 within this state after the controlled open enrollment window
114 may enroll in any school within this state.
115 Section 3. This act shall take effect July 1, 2023.