HJR 307

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 1 of
3Article IX of the State Constitution, relating to public
4education, to require students to recite the pledge of
5allegiance daily in public schools, to provide protocol
6for such recitals, and to provide for a student to be
7excused at the written request of the student's parent.
8
9Be It Resolved by the Legislature of the State of Florida:
10
11     That the following amendment to Section 1 of Article IX of
12the State Constitution is agreed to and shall be submitted to
13the electors of this state for approval or rejection at the next
14general election or at an earlier special election specifically
15authorized 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
20the people of the State of Florida. It is, therefore, a
21paramount duty of the state to make adequate provision for the
22education of all children residing within its borders. Adequate
23provision shall be made by law for a uniform, efficient, safe,
24secure, and high quality system of free public schools that
25allows students to obtain a high quality education and for the
26establishment, maintenance, and operation of institutions of
27higher learning and other public education programs that the
28needs of the people may require. To assure that children
29attending public schools obtain a high quality education, the
30legislature shall make adequate provision to ensure that, by the
31beginning of the 2010 school year, there are a sufficient number
32of classrooms so that:
33     (1)  The maximum number of students who are assigned to
34each teacher who is teaching in public school classrooms for
35prekindergarten through grade 3 does not exceed 18 students;
36     (2)  The maximum number of students who are assigned to
37each teacher who is teaching in public school classrooms for
38grades 4 through 8 does not exceed 22 students; and
39     (3)  The maximum number of students who are assigned to
40each teacher who is teaching in public school classrooms for
41grades 9 through 12 does not exceed 25 students.
42
43The class size requirements of this subsection do not apply to
44extracurricular classes. Payment of the costs associated with
45reducing class size to meet these requirements is the
46responsibility of the state and not of local schools districts.
47Beginning with the 2003-2004 fiscal year, the legislature shall
48provide sufficient funds to reduce the average number of
49students in each classroom by at least two students per year
50until the maximum number of students per classroom does not
51exceed the requirements of this subsection.
52     (b)  Every four-year old child in Florida shall be provided
53by the State a high quality pre-kindergarten learning
54opportunity in the form of an early childhood development and
55education program which shall be voluntary, high quality, free,
56and delivered according to professionally accepted standards. An
57early childhood development and education program means an
58organized program designed to address and enhance each child's
59ability to make age appropriate progress in an appropriate range
60of settings in the development of language and cognitive
61capabilities and emotional, social, regulatory and moral
62capacities through education in basic skills and such other
63skills as the Legislature may determine to be appropriate.
64     (c)  The early childhood education and development programs
65provided by reason of subparagraph (b) shall be implemented no
66later than the beginning of the 2005 school year through funds
67generated in addition to those used for existing education,
68health, and development programs. Existing education, health,
69and development programs are those funded by the State as of
70January 1, 2002 that provided for child or adult education,
71health care, or development.
72     (d)  Each district school board shall adopt rules to
73require the reciting of the pledge of allegiance to the American
74flag at the beginning of the day in each public pre-
75kindergarten, elementary, middle, and high school in the state.
76Students shall stand with the right hand over the heart to
77render the pledge of allegiance: "I pledge allegiance to the
78flag of the United States of America and to the republic for
79which it stands, one nation under God, indivisible, with liberty
80and justice for all." Each student shall be informed by posting
81a notice in a conspicuous place that the student has the right
82not to participate in reciting the pledge. Upon written request
83by his or her parent, the student must be excused from reciting
84the pledge. When the pledge is given, civilians must show full
85respect to the flag by standing at attention, men removing the
86headdress, as provided by Pub. L. No. 77-435, s. 7, approved
87June 22, 1942, 56 Stat. 377, as amended by Pub. L. No. 77-806,
8856 Stat. 1074, approved December 22, 1942, except when the
89headdress is worn for religious purposes.
90     BE IT FURTHER RESOLVED that the following statement be
91placed on the ballot:
92
CONSTITUTIONAL AMENDMENT
93
ARTICLE IX, SECTION 1
94     PLEDGE OF ALLEGIANCE.--Proposing an amendment to the State
95Constitution to require the daily recital of the pledge of
96allegiance to the American flag in the public schools of this
97state, to provide for a student to be excused from reciting the
98pledge upon written request by the student's parent, and to
99provide protocol for showing respect during the recital.


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