HJR 447

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.
5
6	Be It Resolved by the Legislature of the State of Florida:
7
8	That the following amendment to Section 1 of Article IX of
9	the State Constitution is agreed to and shall be submitted to
10	the electors of this state for approval or rejection at the next
11	general election or at an earlier special election specifically
12	authorized by law for that purpose:
13	ARTICLE IX
14	EDUCATION
15	SECTION 1.  Public education.--
16	(a)  The education of children is a fundamental value of
17	the people of the State of Florida. It is, therefore, a
18	paramount duty of the state to make adequate provision for the
19	education of all children residing within its borders. Adequate
20	provision shall be made by law for a uniform, efficient, safe,
21	secure, and high quality system of free public schools that
22	allows students to obtain a high quality education and for the
23	establishment, maintenance, and operation of institutions of
24	higher learning and other public education programs that the
25	needs of the people may require.
26	(b)  To assure that children attending public schools
27	obtain a high quality education, the legislature shall make
28	adequate provision to ensure that, by the beginning of the 2009-
29	2010 2010 school year and for each school year thereafter, there
30	are a sufficient number of classrooms so that:
31	(1)  The school district average maximum number of students
32	who are assigned to each teacher who is teaching in public
33	school classrooms for prekindergarten through grade 3 does not
34	exceed 18 students and the number of students who are assigned
35	to one teacher in an individual class does not exceed 23
36	students;
37	(2)  The school district average maximum number of students
38	who are assigned to each teacher who is teaching in public
39	school classrooms for grades 4 through 8 does not exceed 22
40	students and the number of students who are assigned to one
41	teacher in an individual class does not exceed 27 students; and
42	(3)  The school district average maximum number of students
43	who are assigned to each teacher who is teaching in public
44	school classrooms for grades 9 through 12 does not exceed 25
45	students and the number of students who are assigned to one
46	teacher in an individual class does not exceed 30 students.
47
48	The class size requirements of this subsection do not apply to
49	extracurricular or virtual classes. Payment of the costs
50	associated with reducing class size to meet these requirements
51	is the responsibility of the state and not of local school
52	schools districts. Beginning with the 2003-2004 fiscal year, the
53	legislature shall provide sufficient funds to reduce the school
54	district average class size number of students in each classroom
55	by at least two students per year until the school district
56	average class size for each of the grade groupings maximum
57	number of students per classroom does not exceed the
58	requirements of this subsection.
59	(c)  By the beginning of the 2009-2010 school year and for
60	each school year thereafter, at least sixty-five percent of
61	total funds, as defined by law, received by school districts for
62	operational expenditures shall be expended for purposes directly
63	related to classroom instruction, as defined by law.
64	(d)  In exceptional circumstances a school district may
65	request from the governor a temporary waiver of the class size
66	requirements of subsection (b) or the classroom instruction
67	expenditure requirement of subsection (c), which the governor
68	may grant, partially grant, or deny.
69	(e)(1)(b)  Every four-year old child in Florida shall be
70	provided by the state a high quality prekindergarten pre-
71	kindergarten learning opportunity in the form of an early
72	childhood development and education program which shall be
73	voluntary, high quality, free, and delivered according to
74	professionally accepted standards. An early childhood
75	development and education program means an organized program
76	designed to address and enhance each child's ability to make age
77	appropriate progress in an appropriate range of settings in the
78	development of language and cognitive capabilities and
79	emotional, social, regulatory, and moral capacities through
80	education in basic skills and such other skills as the
81	legislature may determine to be appropriate.
82	(2)(c)  The early childhood education and development
83	programs provided by reason of this subsection subparagraph (b)
84	shall be implemented no later than the beginning of the 2005
85	school year through funds generated in addition to those used
86	for existing education, health, and development programs.
87	Existing education, health, and development programs are those
88	funded by the state as of January 1, 2002, that provided for
89	child or adult education, health care, or development.
90	BE IT FURTHER RESOLVED that the following statement be
91	placed on the ballot:
92	CONSTITUTIONAL AMENDMENT
93	ARTICLE IX, SECTION 1
94	CLASS SIZE REQUIREMENTS AND CLASSROOM INSTRUCTION
95	EXPENDITURES.--Proposing an amendment to the State Constitution
96	to revise class size requirements and their date of
97	implementation to provide that they shall be based on the school
98	district average number of students who are assigned to a
99	teacher in specified grades; to specify the maximum number of
100	students who may be assigned to one teacher in an individual
101	class; to exempt virtual classes from the class size
102	requirements; to require at least 65 percent of total funds, as
103	defined by law, received by school districts for operational
104	expenditures to be expended for purposes directly related to
105	classroom instruction, as defined by law; and to authorize, in
106	exceptional circumstances, a school district to request from the
107	Governor a temporary waiver of the class size requirements or
108	the 65-percent classroom instruction expenditure requirement.
109	Providing for implementation of the class size requirements and
110	the classroom instruction expenditure requirement by the
111	beginning of the 2009-2010 school year and for each school year
112	thereafter.

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