| 1 | A bill to be entitled |
| 2 | An act relating to public school class size; amending s. |
| 3 | 1003.03, F.S.; revising provisions relating to |
| 4 | determination of class size averages for purpose of |
| 5 | compliance with class size maximums; providing for |
| 6 | reversal of class size reduction operating categorical |
| 7 | transfers under certain circumstances; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (c) of subsection (2) and paragraph |
| 13 | (a) of subsection (4) and of section 1003.03, Florida Statutes, |
| 14 | are amended to read: |
| 15 | 1003.03 Maximum class size.-- |
| 16 | (2) IMPLEMENTATION.-- |
| 17 | (c) The Department of Education shall annually calculate |
| 18 | each of the three average class size measures defined in |
| 19 | paragraphs (a) and (b) based upon the October student membership |
| 20 | survey. For purposes of determining the baseline from which each |
| 21 | district's average class size must be reduced for the 2003-2004 |
| 22 | school year, the department shall use data from the February |
| 23 | 2003 student membership survey updated to include classroom |
| 24 | identification numbers as required by the department. Beginning |
| 25 | in the 2005-2006 school year, if the actual student membership |
| 26 | in the October survey exceeds the student membership estimate |
| 27 | included in the Florida Education Finance Program first |
| 28 | calculation, the maximum student membership enrollment used in |
| 29 | determining the October class size averages shall be the student |
| 30 | membership estimate included in the Florida Education Finance |
| 31 | Program first calculation. |
| 32 | (4) ACCOUNTABILITY.-- |
| 33 | (a) Beginning in the 2003-2004 fiscal year, if the |
| 34 | department determines for any year that a school district has |
| 35 | not reduced average class size as required in subsection (2) at |
| 36 | the time of the third FEFP calculation, the department shall |
| 37 | calculate an amount from the class size reduction operating |
| 38 | categorical which is proportionate to the amount of class size |
| 39 | reduction not accomplished. Upon verification of the |
| 40 | department's calculation by the Florida Education Finance |
| 41 | Program Appropriation Allocation Conference, the Executive |
| 42 | Office of the Governor shall transfer undistributed funds |
| 43 | equivalent to the calculated amount from the district's class |
| 44 | size reduction operating categorical to an approved fixed |
| 45 | capital outlay appropriation for class size reduction in the |
| 46 | affected district pursuant to s. 216.292(13). The amount of |
| 47 | funds transferred shall be the lesser of the amount verified by |
| 48 | the Florida Education Finance Program Appropriation Allocation |
| 49 | Conference or the undistributed balance of the district's class |
| 50 | size reduction operating categorical. However, based upon a |
| 51 | recommendation by the Commissioner of Education that the State |
| 52 | Board of Education has reviewed evidence indicating that a |
| 53 | district has been unable to meet class size reduction |
| 54 | requirements despite appropriate effort to do so, the |
| 55 | Legislative Budget Commission may approve an alternative amount |
| 56 | of funds to be transferred from the district's class size |
| 57 | reduction operating categorical to its approved fixed capital |
| 58 | outlay account for class size reduction. Beginning in the 2005- |
| 59 | 2006 school year, a district that fully achieves the required |
| 60 | class size averages when compared to the February 2005 baseline |
| 61 | student membership survey shall be eligible for a reversal of |
| 62 | the prior year class size reduction operating categorical |
| 63 | transfer that resulted from its inability to achieve the |
| 64 | required class size averages as required in subsection (2). |
| 65 | Section 2. This act shall take effect July 1, 2005. |