Senate Bill sb0046

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    Florida Senate - 2005                                    SB 46

    By Senator Geller





    31-111-05

  1                      A bill to be entitled

  2         An act relating to school personnel; requiring

  3         the Department of Education to limit the number

  4         of noninstructional personnel that may be

  5         employed by school districts; defining the term

  6         "noninstructional personnel"; requiring that

  7         the department classify school districts based

  8         on the number of full-time-equivalent students

  9         enrolled in the district; requiring that the

10         department establish ratios within each

11         district classification for the maximum

12         percentage of noninstructional personnel to

13         full-time-equivalent students; limiting the

14         maximum ratios that the department may

15         establish; requiring a reduction in state funds

16         for any school district that exceeds the

17         maximum percentage of noninstructional

18         personnel; providing an effective date.

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

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22         Section 1.  Limitation on employment of

23  noninstructional personnel by school districts.--

24         (1)(a)  Notwithstanding any other law, the Department

25  of Education shall establish limitations on the number of

26  noninstructional personnel that may be employed by school

27  districts, based on the total number of full-time-equivalent

28  students enrolled in the district.

29         (b)  As used in this section, the term

30  "noninstructional personnel" means school district personnel

31  who:

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    Florida Senate - 2005                                    SB 46
    31-111-05




 1         1.  Are classified as administrative personnel or

 2  managers under section 1012.01, Florida Statutes; and

 3         2.  Do not perform any instructional duties.

 4         (2)(a)  Based on the prior year's enrollment, the

 5  department shall classify the school districts as follows:

 6  the 20 districts with the fewest number of

 7  full-time-equivalent students shall be classified as

 8  small-sized districts; the 10 districts with the largest

 9  number of full-time-equivalent students shall be classified as

10  large-sized districts; and the remaining districts shall be

11  classified as medium-sized districts.

12         (b)  By July 1 of each year, the department shall

13  establish a ratio for the school districts in each of the

14  three size classifications. The ratio must specify the maximum

15  percentage of noninstructional personnel to

16  full-time-equivalent students which a school district may

17  employ.  However, the department shall provide for an

18  adjustment in the ratio for a district that contains a larger

19  percentage of small schools than districts of equivalent size.

20  The department may not establish a ratio that exceeds the

21  average ratio of noninstructional personnel to

22  full-time-equivalent students which existed within a

23  particular district size classification during the 2004-2005

24  school year.

25         (c)  In addition, the department shall determine the

26  average annual salary, including the cost of benefits, for

27  noninstructional personnel employed by school districts in

28  each of the three size classifications.

29         (3)  The department shall determine each school year if

30  any school district exceeds the maximum number of positions

31  allowed for noninstructional personnel. For each position that

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    Florida Senate - 2005                                    SB 46
    31-111-05




 1  exceeds the maximum allowable number within a district, the

 2  department shall deduct an amount equal to 50 percent of the

 3  average cost of that position from the state funds allocated

 4  to the district.

 5         Section 2.  This act shall take effect upon becoming a

 6  law.

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 8            *****************************************

 9                          SENATE SUMMARY

10    Requires that the Department of Education establish
      limits on the percentage of noninstructional personnel
11    relative to student population which may be employed by
      school districts. Requires that the department divide the
12    school districts into three categories based on the
      number of full-time-equivalent students enrolled in the
13    district. Provides for the ratios set by the department
      to be based on the size classification of the district.
14    Requires that the department deduct from state funds
      allocated to the district 50 percent of the average cost
15    of each position that exceeds the maximum number allowed
      for noninstructional personnel. (See bill for details.)
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