Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2480
                        Barcode 134352
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Education Appropriations (Lynn) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 30, line 15, through
16            page 31, line 5, delete those lines
17  
18  and insert:  
19         Section 7.  Paragraph (b) of subsection (2) of section
20  1003.03, Florida Statutes, is amended to read:
21         1003.03  Maximum class size.--
22         (2)  IMPLEMENTATION.--
23         (b)  Determination of the number of students per
24  classroom in paragraph (a) shall be calculated as follows:
25         1.  For fiscal years 2003-2004 through 2006-2007
26  2005-2006, the calculation for compliance for each of the 3
27  grade groupings shall be the average at the district level.
28         2.  For fiscal year years 2006-2007 through 2007-2008,
29  the calculation for compliance for each of the 3 grade
30  groupings shall be the average at the school level.
31         3.  For fiscal years 2008-2009, 2009-2010, and
                                  1
    3:53 PM   04/25/05                           s2480c1c-ea07-c8e

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2480 Barcode 134352 1 thereafter, the calculation for compliance shall be at the 2 individual classroom level. 3 Section 8. Section 1003.035, Florida Statutes, is 4 created to read: 5 1003.035 District average class size requirements.-- 6 (1) CONSTITUTIONAL CLASS SIZE REQUIREMENTS.--Pursuant 7 to s. 1, Art. IX of the State Constitution, beginning in the 8 2007-2008 school year: 9 (a) The district average number of students assigned 10 to each teacher who is teaching core-curricula courses in 11 public school classrooms for prekindergarten through grade 3 12 may not exceed 18 students. 13 (b) The district average number of students assigned 14 to each teacher who is teaching core-curricula courses in 15 public school classrooms for grades 4 through 8 may not exceed 16 22 students. 17 (c) The district average number of students assigned 18 to each teacher who is teaching core-curricula courses in 19 public school classrooms for grades 9 through 12 may not 20 exceed 25 students. 21 22 However, in no event shall any such classroom exceed five 23 students over the district average allowable maximum. 24 (2) IMPLEMENTATION.-- 25 (a) Beginning with the 2006-2007 fiscal year, each 26 school district that is not in compliance with the 27 requirements in subsection (1) shall reduce the district 28 average class size in each of the following grade groupings: 29 prekindergarten through grade 3, grade 4 through grade 8, and 30 grade 9 through grade 12, by at least two students each year 31 until the district average class size does not exceed the 2 3:53 PM 04/25/05 s2480c1c-ea07-c8e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2480 Barcode 134352 1 requirements in subsection (1). 2 (b) The Department of Education shall annually 3 calculate each school district's average class size for each 4 of the grade groupings specified in paragraph (a) based upon 5 the October student membership survey. 6 (3) IMPLEMENTATION OPTIONS.--District school boards 7 must consider, but are not limited to, implementing the 8 following items in order to meet the constitutional district 9 average class size requirements described in subsection (1) 10 and the two-student-per-year reduction required in subsection 11 (2): 12 (a) Adopt policies to encourage qualified students to 13 take dual enrollment courses. 14 (b) Adopt policies to encourage students to take 15 courses from the Florida Virtual School. 16 (c)1. Repeal district school board policies that 17 require students to have more than 24 credits to graduate from 18 high school. 19 2. Adopt policies to allow students to graduate from 20 high school as soon as they pass the grade 10 FCAT and 21 complete the courses required for high school graduation. 22 (d) Use methods to maximize use of instructional 23 staff, such as changing required teaching loads and scheduling 24 of planning periods, deploying district employees that have 25 professional certification to the classroom, using adjunct 26 educators, or any other method not prohibited by law. 27 (e) Use innovative methods to reduce the cost of 28 school construction by using prototype school designs, using 29 SMART Schools designs, participating in the School 30 Infrastructure Thrift Program, or any other method not 31 prohibited by law. 3 3:53 PM 04/25/05 s2480c1c-ea07-c8e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2480 Barcode 134352 1 (f) Use joint-use facilities through partnerships with 2 community colleges, state universities, and private colleges 3 and universities. Joint-use facilities available for use as 4 K-12 classrooms that do not meet the K-12 State Regulations 5 for Educational Facilities in the Florida Building Code may be 6 used at the discretion of the district school board if such 7 facilities meet all other health, life, safety, and fire 8 codes. 9 (g) Adopt alternative methods of class scheduling, 10 such as block scheduling. 11 (h) Redraw school attendance zones to maximize use of 12 facilities while minimizing the additional use of 13 transportation. 14 (i) Operate schools beyond the normal operating hours 15 to provide classes in the evening or operate more than one 16 session of school during the day. 17 (j) Use year-round schools and other nontraditional 18 calendars that do not adversely impact annual assessment of 19 student achievement. 20 (k) Review and consider amending any collective 21 bargaining contracts that hinder the implementation of class 22 size reduction. 23 (l) Use any other approach not prohibited by law. 24 (4) ACCOUNTABILITY.-- 25 (a) If the department determines for any year that a 26 school district has not reduced average class size as required 27 in subsection (2) at the time of the third FEFP calculation, 28 the department shall calculate an amount from the class size 29 reduction operating categorical which is proportionate to the 30 amount of class size reduction not accomplished. Upon 31 verification of the department's calculation by the Florida 4 3:53 PM 04/25/05 s2480c1c-ea07-c8e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2480 Barcode 134352 1 Education Finance Program Appropriation Allocation Conference, 2 the Executive Office of the Governor shall transfer 3 undistributed funds equivalent to the calculated amount from 4 the district's class size reduction operating categorical to 5 an approved fixed capital outlay appropriation for class size 6 reduction in the affected district pursuant to s. 216.292(13). 7 The amount of funds transferred shall be the lesser of the 8 amount verified by the Florida Education Finance Program 9 Appropriation Allocation Conference or the undistributed 10 balance of the district's class size reduction operating 11 categorical. However, based upon a recommendation by the 12 Commissioner of Education that the State Board of Education 13 has reviewed evidence indicating that a district has been 14 unable to meet class size reduction requirements despite 15 appropriate efforts to do so, the Legislative Budget 16 Commission may approve an alternative amount of funds to be 17 transferred from the district's class size reduction operating 18 categorical to its approved fixed capital outlay account for 19 class size reduction. 20 (b) Beginning in the 2007-2008 school year, the 21 department shall determine by January 15 of each year which 22 districts do not meet the requirements of subsection (1) based 23 upon the district's October student membership survey for the 24 current school year. The department shall report such 25 districts to the Legislature. Each district that has not met 26 the requirements of subsection (1) shall be required to 27 implement one of the following policies in the subsequent 28 school year unless the department finds that the district 29 comes into compliance based upon the February student 30 membership survey: 31 1. Year-round schools; 5 3:53 PM 04/25/05 s2480c1c-ea07-c8e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2480 Barcode 134352 1 2. Double sessions; 2 3. Rezoning; or 3 4. Maximizing use of instructional staff by changing 4 required teacher loads and scheduling of planning periods, 5 deploying school district employees who have professional 6 certification to the classroom, using adjunct educators, 7 operating schools beyond the normal operating hours to provide 8 classes in the evening, or operating more than one session 9 during the day. 10 11 A school district that is required to implement one of the 12 policies outlined in subparagraphs 1. through 4. shall correct 13 in the year of implementation any past deficiencies and bring 14 the district into compliance with the requirements of 15 subsection (1). A school district may choose to implement more 16 than one of these policies. The district school superintendent 17 shall report to the Commissioner of Education the extent to 18 which the district implemented any of the policies outlined in 19 subparagraphs 1. through 4. in a format to be specified by the 20 Commissioner of Education. The Department of Education shall 21 use the enforcement authority provided in s. 1008.32 to ensure 22 that districts comply with the provisions of this paragraph. 23 (c) Beginning in the 2008-2009 school year, the 24 department shall annually determine which districts do not 25 meet the requirements described in subsection (1) based upon 26 the October student membership survey. In addition to 27 enforcement authority provided in s. 1008.32, the Department 28 of Education shall develop a constitutional compliance plan 29 for each such district which includes, but is not limited to, 30 redrawing school attendance zones to maximize use of 31 facilities while minimizing the additional use of 6 3:53 PM 04/25/05 s2480c1c-ea07-c8e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2480 Barcode 134352 1 transportation and the other accountability policies listed in 2 paragraph (b). Each district school board shall implement the 3 constitutional compliance plan developed by the state board in 4 the subsequent school year until the district complies with 5 the constitutional district average class size requirements. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 2, lines 18-27, delete those lines 13 14 and insert: 15 requirements; amending s. 1003.03, F.S.; 16 revising dates for implementation of class size 17 maximums; creating s. 1003.035, F.S.; providing 18 for the contingent application of the section 19 upon the adoption of an amendment to the State 20 Constitution; prescribing district average 21 class size limitations for grades 22 prekindergarten through 3, grades 4 through 8, 23 and grades 9 through 12; requiring the 24 Department of Education to annually calculate 25 class size measures based on a specified 26 student-membership survey; providing 27 implementation options; providing for 28 accountability and for transfer of funds in 29 certain circumstances; providing for the 30 department redrawing attendance zones in 31 certain circumstances; amending s. 1003.05, 7 3:53 PM 04/25/05 s2480c1c-ea07-c8e