| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 1 of |
| 3 | Article IX of the State Constitution, relating to public |
| 4 | education, to require students to recite the pledge of |
| 5 | allegiance daily in public schools, to provide protocol |
| 6 | for such recitals, and to provide for a student to be |
| 7 | excused at the written request of the student's parent. |
| 8 |
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| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
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| 11 | That the following amendment to Section 1 of Article IX of |
| 12 | the State Constitution is agreed to and shall be submitted to |
| 13 | the electors of this state for approval or rejection at the next |
| 14 | general election or at an earlier special election specifically |
| 15 | authorized by law for that purpose. |
| 16 | ARTICLE IX |
| 17 | EDUCATION |
| 18 | SECTION 1. Public education.-- |
| 19 | (a) The education of children is a fundamental value of |
| 20 | the people of the State of Florida. It is, therefore, a |
| 21 | paramount duty of the state to make adequate provision for the |
| 22 | education of all children residing within its borders. Adequate |
| 23 | provision shall be made by law for a uniform, efficient, safe, |
| 24 | secure, and high quality system of free public schools that |
| 25 | allows students to obtain a high quality education and for the |
| 26 | establishment, maintenance, and operation of institutions of |
| 27 | higher learning and other public education programs that the |
| 28 | needs of the people may require. To assure that children |
| 29 | attending public schools obtain a high quality education, the |
| 30 | legislature shall make adequate provision to ensure that, by the |
| 31 | beginning of the 2010 school year, there are a sufficient number |
| 32 | of classrooms so that: |
| 33 | (1) The maximum number of students who are assigned to |
| 34 | each teacher who is teaching in public school classrooms for |
| 35 | prekindergarten through grade 3 does not exceed 18 students; |
| 36 | (2) The maximum number of students who are assigned to |
| 37 | each teacher who is teaching in public school classrooms for |
| 38 | grades 4 through 8 does not exceed 22 students; and |
| 39 | (3) The maximum number of students who are assigned to |
| 40 | each teacher who is teaching in public school classrooms for |
| 41 | grades 9 through 12 does not exceed 25 students. |
| 42 |
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| 43 | The class size requirements of this subsection do not apply to |
| 44 | extracurricular classes. Payment of the costs associated with |
| 45 | reducing class size to meet these requirements is the |
| 46 | responsibility of the state and not of local schools districts. |
| 47 | Beginning with the 2003-2004 fiscal year, the legislature shall |
| 48 | provide sufficient funds to reduce the average number of |
| 49 | students in each classroom by at least two students per year |
| 50 | until the maximum number of students per classroom does not |
| 51 | exceed the requirements of this subsection. |
| 52 | (b) Every four-year old child in Florida shall be provided |
| 53 | by the State a high quality pre-kindergarten learning |
| 54 | opportunity in the form of an early childhood development and |
| 55 | education program which shall be voluntary, high quality, free, |
| 56 | and delivered according to professionally accepted standards. An |
| 57 | early childhood development and education program means an |
| 58 | organized program designed to address and enhance each child's |
| 59 | ability to make age appropriate progress in an appropriate range |
| 60 | of settings in the development of language and cognitive |
| 61 | capabilities and emotional, social, regulatory and moral |
| 62 | capacities through education in basic skills and such other |
| 63 | skills as the Legislature may determine to be appropriate. |
| 64 | (c) The early childhood education and development programs |
| 65 | provided by reason of subparagraph (b) shall be implemented no |
| 66 | later than the beginning of the 2005 school year through funds |
| 67 | generated in addition to those used for existing education, |
| 68 | health, and development programs. Existing education, health, |
| 69 | and development programs are those funded by the State as of |
| 70 | January 1, 2002 that provided for child or adult education, |
| 71 | health care, or development. |
| 72 | (d) Each district school board shall adopt rules to |
| 73 | require the reciting of the pledge of allegiance to the American |
| 74 | flag at the beginning of the day in each public pre- |
| 75 | kindergarten, elementary, middle, and high school in the state. |
| 76 | Students shall stand with the right hand over the heart to |
| 77 | render the pledge of allegiance: "I pledge allegiance to the |
| 78 | flag of the United States of America and to the republic for |
| 79 | which it stands, one nation under God, indivisible, with liberty |
| 80 | and justice for all." Each student shall be informed by posting |
| 81 | a notice in a conspicuous place that the student has the right |
| 82 | not to participate in reciting the pledge. Upon written request |
| 83 | by his or her parent, the student must be excused from reciting |
| 84 | the pledge. When the pledge is given, civilians must show full |
| 85 | respect to the flag by standing at attention, men removing the |
| 86 | headdress, as provided by Pub. L. No. 77-435, s. 7, approved |
| 87 | June 22, 1942, 56 Stat. 377, as amended by Pub. L. No. 77-806, |
| 88 | 56 Stat. 1074, approved December 22, 1942, except when the |
| 89 | headdress is worn for religious purposes. |
| 90 | BE IT FURTHER RESOLVED that the following statement be |
| 91 | placed on the ballot: |
| 92 | CONSTITUTIONAL AMENDMENT |
| 93 | ARTICLE IX, SECTION 1 |
| 94 | PLEDGE OF ALLEGIANCE.--Proposing an amendment to the State |
| 95 | Constitution to require the daily recital of the pledge of |
| 96 | allegiance to the American flag in the public schools of this |
| 97 | state, to provide for a student to be excused from reciting the |
| 98 | pledge upon written request by the student's parent, and to |
| 99 | provide protocol for showing respect during the recital. |