HJR 467

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	school classroom instruction expenditures.
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 include compliance with the requirements of
21	subsection (b) relating to the total operational expenditures
22	that must be spent on classroom instruction. Adequate provision
23	shall be made by law for a uniform, efficient, safe, secure, and
24	high quality system of free public schools that allows students
25	to obtain a high quality education and for the establishment,
26	maintenance, and operation of institutions of higher learning
27	and other public education programs that the needs of the people
28	may require. To assure that children attending public schools
29	obtain a high quality education, the legislature shall make
30	adequate provision to ensure that, by the beginning of the 2010
31	school year, there are a sufficient number of classrooms so
32	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
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 school schools
47	districts. Beginning with the 2003-2004 fiscal year, the
48	legislature shall provide sufficient funds to reduce the average
49	number of students in each classroom by at least two students
50	per year until the maximum number of students per classroom does
51	not exceed the requirements of this subsection.
52	(b)  Beginning with the 2007-2008 school year and for each
53	school year thereafter, each school district shall spend at
54	least sixty-five percent of its total federal, state, and local
55	funds received for operational expenditures on expenses directly
56	related to classroom instruction, as defined by law, provided
57	that a school district spending sixty-three percent or less of
58	such operational expenditures on classroom instruction in the
59	2006-2007 school year shall increase the amount it spends on its
60	classroom instruction by two percent of such operational
61	expenditures per year until the amount it spends on its
62	classroom instruction reaches at least sixty-five percent of
63	such operational expenditures. In exceptional circumstances a
64	school district may request from the governor a temporary waiver
65	of the requirements of this subsection, which the governor may
66	grant, partially grant, or deny.
67	(c)(1)(b)  Every four-year old child in Florida shall be
68	provided by the state a high quality prekindergarten pre-
69	kindergarten learning opportunity in the form of an early
70	childhood development and education program which shall be
71	voluntary, high quality, free, and delivered according to
72	professionally accepted standards. An early childhood
73	development and education program means an organized program
74	designed to address and enhance each child's ability to make age
75	appropriate progress in an appropriate range of settings in the
76	development of language and cognitive capabilities and
77	emotional, social, regulatory, and moral capacities through
78	education in basic skills and such other skills as the
79	legislature may determine to be appropriate.
80	(2)(c)  The early childhood education and development
81	programs provided by reason of this subsection subparagraph (b)
82	shall be implemented no later than the beginning of the 2005
83	school year through funds generated in addition to those used
84	for existing education, health, and development programs.
85	Existing education, health, and development programs are those
86	funded by the state as of January 1, 2002, that provided for
87	child or adult education, health care, or development.
88	BE IT FURTHER RESOLVED that the following statement be
89	placed on the ballot:
90	CONSTITUTIONAL AMENDMENT
91	ARTICLE IX, SECTION 1
92	CLASSROOM INSTRUCTION EXPENDITURES.--Proposing an amendment
93	to the State Constitution to provide that adequate provision for
94	the education of all children residing within the state's
95	borders includes compliance with requirements for expenditures
96	on classroom instruction; to require each school district,
97	beginning in the 2007-2008 school year and for each school year
98	thereafter, to spend at least 65 percent of its total federal,
99	state, and local funds received for operational expenditures on
100	expenses directly related to classroom instruction, as defined
101	by law; to provide for a 2-percent phase-in to meet the 65-
102	percent classroom instruction expenditure requirement; and to
103	authorize, in exceptional circumstances, a school district to
104	request from the Governor a temporary waiver of the classroom
105	instruction expenditure requirements.

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