HB 0903CS

CHAMBER ACTION




1The Education Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public school class size; amending s.
71003.03, F.S.; revising provisions relating to
8determination of class size averages for purpose of
9compliance with class size maximums; providing for
10reversal of class size reduction operating categorical
11transfers under certain circumstances; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (c) of subsection (2) and paragraph
17(a) of subsection (4) of section 1003.03, Florida Statutes, are
18amended to read:
19     1003.03  Maximum class size.--
20     (2)  IMPLEMENTATION.--
21     (c)  The Department of Education shall annually calculate
22each of the three average class size measures defined in
23paragraphs (a) and (b) based upon the October student membership
24survey. For purposes of determining the baseline from which each
25district's average class size must be reduced for the 2003-2004
26school year, the department shall use data from the February
272003 student membership survey updated to include classroom
28identification numbers as required by the department. Beginning
29in the 2005-2006 school year, if the actual student membership
30in the October survey exceeds the student membership estimate
31included in the Florida Education Finance Program first
32calculation, the maximum student membership enrollment used in
33determining the October class size averages shall be the student
34membership estimate included in the Florida Education Finance
35Program first calculation.
36     (4)  ACCOUNTABILITY.--
37     (a)  Beginning in the 2003-2004 fiscal year, if the
38department determines for any year that a school district has
39not reduced average class size as required in subsection (2) at
40the time of the third FEFP calculation, the department shall
41calculate an amount from the class size reduction operating
42categorical which is proportionate to the amount of class size
43reduction not accomplished. Upon verification of the
44department's calculation by the Florida Education Finance
45Program Appropriation Allocation Conference, the Executive
46Office of the Governor shall transfer undistributed funds
47equivalent to the calculated amount from the district's class
48size reduction operating categorical to an approved fixed
49capital outlay appropriation for class size reduction in the
50affected district pursuant to s. 216.292(13). The amount of
51funds transferred shall be the lesser of the amount verified by
52the Florida Education Finance Program Appropriation Allocation
53Conference or the undistributed balance of the district's class
54size reduction operating categorical. However, based upon a
55recommendation by the Commissioner of Education that the State
56Board of Education has reviewed evidence indicating that a
57district has been unable to meet class size reduction
58requirements despite appropriate effort to do so, the
59Legislative Budget Commission may approve an alternative amount
60of funds to be transferred from the district's class size
61reduction operating categorical to its approved fixed capital
62outlay account for class size reduction. Beginning in the 2005-
632006 school year, a district that fully achieves the required
64class size averages when compared to the February 2003 baseline
65student membership survey shall be eligible for a reversal of
66the prior year class size reduction operating categorical
67transfer that resulted from its inability to achieve the
68required class size averages as required in subsection (2).
69     Section 2.  This act shall take effect July 1, 2005.


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