Senate Bill sb1678e1

    SB 1678                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public school class size;

  3         amending s. 1003.03, F.S.; revising provisions

  4         relating to determination of class size

  5         averages for purpose of compliance with class

  6         size maximums; providing for reversal of class

  7         size reduction operating categorical transfers

  8         under certain circumstances; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (c) of subsection (2) and

14  paragraph (a) of subsection (4) and of section 1003.03,

15  Florida Statutes, are amended to read:

16         1003.03  Maximum class size.--

17         (2)  IMPLEMENTATION.--

18         (c)  The Department of Education shall annually

19  calculate each of the three average class size measures

20  defined in paragraphs (a) and (b) based upon the October

21  student membership survey. For purposes of determining the

22  baseline from which each district's average class size must be

23  reduced for the 2003-2004 school year, the department shall

24  use data from the February 2003 student membership survey

25  updated to include classroom identification numbers as

26  required by the department. Beginning in the 2005-2006 school

27  year, if the actual student membership in the October survey

28  exceeds the student membership estimate included in the

29  Florida Education Finance Program first calculation, the

30  maximum student membership enrollment used in determining the

31  October class size averages shall be the student membership


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    SB 1678                                  First Engrossed (ntc)



 1  estimate included in the Florida Education Finance Program

 2  first calculation.

 3         (4)  ACCOUNTABILITY.--

 4         (a)  Beginning in the 2003-2004 fiscal year, if the

 5  department determines for any year that a school district has

 6  not reduced average class size as required in subsection (2)

 7  at the time of the third FEFP calculation, the department

 8  shall calculate an amount from the class size reduction

 9  operating categorical which is proportionate to the amount of

10  class size reduction not accomplished. Upon verification of

11  the department's calculation by the Florida Education Finance

12  Program Appropriation Allocation Conference, the Executive

13  Office of the Governor shall transfer undistributed funds

14  equivalent to the calculated amount from the district's class

15  size reduction operating categorical to an approved fixed

16  capital outlay appropriation for class size reduction in the

17  affected district pursuant to s. 216.292(13). The amount of

18  funds transferred shall be the lesser of the amount verified

19  by the Florida Education Finance Program Appropriation

20  Allocation Conference or the undistributed balance of the

21  district's class size reduction operating categorical.

22  However, based upon a recommendation by the Commissioner of

23  Education that the State Board of Education has reviewed

24  evidence indicating that a district has been unable to meet

25  class size reduction requirements despite appropriate effort

26  to do so, the Legislative Budget Commission may approve an

27  alternative amount of funds to be transferred from the

28  district's class size reduction operating categorical to its

29  approved fixed capital outlay account for class size

30  reduction. Beginning in the 2005-2006 school year, a district

31  that fully achieves the required class size averages when


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    SB 1678                                  First Engrossed (ntc)



 1  compared to the February 2003 baseline student membership

 2  survey shall be eligible for a reversal of the prior year

 3  class size reduction operating categorical transfer that

 4  resulted from its inability to achieve the required class size

 5  averages as required in subsection (2).

 6         Section 2.  This act shall take effect July 1, 2005.

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CODING: Words stricken are deletions; words underlined are additions.