Proposed Committee Substitute by the Committee on Education Pre-K

- 12 Appropriations

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A bill to be entitled

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An act relating to classroom size reductions; amending ss.

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1002.53 and 1002.61, F.S.; conforming provisions to

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changes made by the act; amending s. 1002.63, F.S.;

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removing the eligibility requirements that a school

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district is required to meet in order to deliver the

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prekindergarten program during the school year; amending

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s. 1002.73, F.S.; removing the Department of Education's

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authority to certify school districts as eligible to

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deliver the prekindergarten program; amending s. 1003.03,

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F.S.; revising the requirements for calculating the number

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of students per classroom for specified fiscal years;

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providing a class size reduction calculation for the

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department to apply if it determines that an individual

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class exceeds the maximum level allowed; requiring the

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Executive Office of the Governor to place the funds from

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such calculation in reserve, with the undistributed funds

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reverting to the General Revenue Fund; authorizing the

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Commissioner of Education to recommend a budget amendment

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by a certain date each year, subject to the Legislative

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Budget Commission's approval; amending s. 1011.685, F.S.;

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requiring school districts to use class size reduction

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operating categorical funds to reduce class size;

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authorizing a school district to use such funds for any

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operating expenditure if the class size requirements are

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met, with priority given to increasing teachers' salaries;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (c) of subsection (3) of section

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1002.53, Florida Statutes, is amended to read:

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     1002.53  Voluntary Prekindergarten Education Program;

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eligibility and enrollment.--

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     (3)  The parent of each child eligible under subsection (2)

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may enroll the child in one of the following programs:

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     (c)  A school-year prekindergarten program delivered by a

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public school, if offered by a school district that is eligible

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under s. 1002.63.

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Except as provided in s. 1002.71(4), a child may not enroll in

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more than one of these programs.

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     Section 2.  Subsections (4) and (6) of section 1002.61,

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Florida Statutes, are amended to read:

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     1002.61  Summer prekindergarten program delivered by public

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schools and private prekindergarten providers.--

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     (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)

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1002.63(5), each public school and private prekindergarten

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provider must have, for each prekindergarten class, at least one

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prekindergarten instructor who:

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     (a)  Is a certified teacher; or

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     (b)  Holds one of the educational credentials specified in

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s. 1002.55(4)(a) or (b).

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As used in this subsection, the term "certified teacher" means a

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teacher holding a valid Florida educator certificate under s.

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1012.56 who has the qualifications required by the district

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school board to instruct students in the summer prekindergarten

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program. In selecting instructional staff for the summer

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prekindergarten program, each school district shall give priority

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to teachers who have experience or coursework in early childhood

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education.

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     (6) Notwithstanding ss. 1002.55(3)(e) and 1002.63(6)

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1002.63(7), each prekindergarten class in the summer

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prekindergarten program, regardless of whether the class is a

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public school's or private prekindergarten provider's class, must

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be composed of at least 4 students but may not exceed 10

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students. In order to protect the health and safety of students,

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each public school or private prekindergarten provider must also

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provide appropriate adult supervision for students at all times.

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This subsection does not supersede any requirement imposed on a

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provider under ss. 402.301-402.319.

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     Section 3.  Section 1002.63, Florida Statutes, is amended to

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read:

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     1002.63  School-year prekindergarten program delivered by

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public schools.--

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     (1) Each school district eligible under subsection (4) may

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administer the Voluntary Prekindergarten Education Program at the

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district level for students enrolled under s. 1002.53(3)(c) in a

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school-year prekindergarten program delivered by a public school.

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     (2)  Each school-year prekindergarten program delivered by a

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public school must comprise at least 540 instructional hours.

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     (3)  The district school board of each school district

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eligible under subsection (4) shall determine which public

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schools in the district shall are eligible to deliver the

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prekindergarten program during the school year.

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     (4) To be eligible to deliver the prekindergarten program

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during the school year, each school district must meet both of

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the following requirements:

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     (a) The district school board must certify to the State

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Board of Education that the school district:

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     1. Has reduced the average class size in each classroom in

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accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX

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of the State Constitution; and

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     2. Has sufficient satisfactory educational facilities and

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capital outlay funds to continue reducing the average class size

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in each classroom in the district's elementary schools for each

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year in accordance with the schedule for class size reduction and

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to achieve full compliance with the maximum class sizes in s.

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1(a), Art. IX of the State Constitution by the beginning of the

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2010-2011 school year.

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     (b) The Commissioner of Education must certify to the State

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Board of Education that the department has reviewed the school

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district's educational facilities, capital outlay funds, and

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projected student enrollment and concurs with the district school

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board's certification under paragraph (a).

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     (4)(5) Each public school must have, for each

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prekindergarten class, at least one prekindergarten instructor

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who meets each requirement in s. 1002.55(3)(c) for a

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prekindergarten instructor of a private prekindergarten provider.

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     (5)(6) Each prekindergarten instructor employed by a public

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school delivering the school-year prekindergarten program must be

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of good moral character, must be screened using the level 2

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screening standards in s. 435.04 before employment and rescreened

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at least once every 5 years, must be denied employment or

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terminated if required under s. 435.06, and must not be

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ineligible to teach in a public school because his or her

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educator certificate is suspended or revoked. This subsection

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does not supersede employment requirements for instructional

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personnel in public schools which are more stringent than the

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requirements of this subsection.

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     (6)(7) Each prekindergarten class in a public school

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delivering the school-year prekindergarten program must be

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composed of at least 4 students but may not exceed 18 students.

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In order to protect the health and safety of students, each

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school must also provide appropriate adult supervision for

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students at all times and, for each prekindergarten class

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composed of 11 or more students, must have, in addition to a

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prekindergarten instructor who meets the requirements of s.

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1002.55(3)(c), at least one adult prekindergarten instructor who

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is not required to meet those requirements but who must meet each

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requirement of subsection (5) (6).

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     (7)(8) Each public school delivering the school-year

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prekindergarten program must:

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     (a)  Register with the early learning coalition on forms

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prescribed by the Agency for Workforce Innovation; and

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     (b)  Deliver the Voluntary Prekindergarten Education Program

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in accordance with this part.

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     Section 4.  Subsection (2) of section 1002.73, Florida

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Statutes, is amended to read:

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     1002.73  Department of Education; powers and duties;

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accountability requirements.--

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     (2)  The department shall adopt procedures for the

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department's:

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     (a)  Approval of prekindergarten director credentials under

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ss. 1002.55 and 1002.57.

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     (b)  Approval of emergent literacy training courses under

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ss. 1002.55 and 1002.59.

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     (c) Certification of school districts that are eligible to

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deliver the school-year prekindergarten program under s. 1002.63.

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     (c)(d) Administration of the statewide kindergarten

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screening and calculation of kindergarten readiness rates under

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s. 1002.69.

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     Section 5.  Subsections (1), (2), and (4) of section

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1003.03, Florida Statutes, are amended to read:

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     1003.03  Maximum class size.--

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     (1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,

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Art. IX of the State Constitution, beginning in the 2010-2011

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school year:

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     (a)  The maximum number of students assigned to each teacher

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who is teaching core-curricula courses in public school

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classrooms for prekindergarten through grade 3 may not exceed 18

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students.

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     (b)  The maximum number of students assigned to each teacher

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who is teaching core-curricula courses in public school

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classrooms for grades 4 through 8 may not exceed 22 students.

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     (c)  The maximum number of students assigned to each teacher

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who is teaching core-curricula courses in public school

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classrooms for grades 9 through 12 may not exceed 25 students.

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     (2)  IMPLEMENTATION.--

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     (a)  Beginning with the 2003-2004 fiscal year, each school

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district that is not in compliance with the maximums in

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subsection (1) shall reduce the average number of students per

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classroom in each of the following grade groupings:

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prekindergarten through grade 3, grade 4 through grade 8, and

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grade 9 through grade 12, by at least two students each year.

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     (b)  Determination of the number of students per classroom

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in paragraph (a) shall be calculated as follows:

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     1.  For fiscal years 2003-2004 through 2005-2006, the

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calculation for compliance for each of the 3 grade groupings

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shall be the average at the district level.

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     2. For fiscal years 2006-2007 through 2008-2009 2007-2008,

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the calculation for compliance for each of the 3 grade groupings

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shall be the average at the school level.

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     3. For fiscal year years 2008-2009, 2009-2010, and

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thereafter, the calculation for compliance shall be at the

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individual classroom level; however, for fiscal year 2009-2010,

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an individual classroom may not exceed the individual classroom

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level maximum by more than two students.

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     4.  For fiscal years 2006-2007 through 2009-2010 and

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thereafter, each teacher assigned to any classroom shall be

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included in the calculation for compliance.

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     (c)  The Department of Education shall annually calculate

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each of the three average class size measures defined in

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paragraphs (a) and (b) based upon the October student membership

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survey. For purposes of determining the baseline from which each

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district's average class size must be reduced for the 2003-2004

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school year, the department shall use data from the February 2003

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student membership survey updated to include classroom

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identification numbers as required by the department.

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     (d)  Prior to the adoption of the district school budget for

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2004-2005, each district school board shall hold public hearings

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to review school attendance zones in order to ensure maximum use

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of facilities while minimizing the additional use of

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transportation in order to comply with the two-student-per-year

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reduction required in paragraph (a). School districts that meet

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the constitutional class size maximums described in subsection

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(1) are exempt from this requirement.

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     (4)  ACCOUNTABILITY.--

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     (a)1. Beginning in the 2003-2004 fiscal year through the

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2008-2009 fiscal year, if the department determines for any year

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that a school district has not reduced average class size as

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required in subsection (2) at the time of the third FEFP

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calculation, the department shall calculate an amount from the

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class size reduction operating categorical which is proportionate

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to the amount of class size reduction not accomplished. Upon

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verification of the department's calculation by the Florida

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Education Finance Program Appropriation Allocation Conference and

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not later than March 1 of each year, the Executive Office of the

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Governor shall transfer undistributed funds equivalent to the

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calculated amount from the district's class size reduction

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operating categorical to an approved fixed capital outlay

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appropriation for class size reduction in the affected district

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pursuant to s. 216.292(2)(d). The amount of funds transferred

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shall be the lesser of the amount verified by the Florida

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Education Finance Program Appropriation Allocation Conference or

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the undistributed balance of the district's class size reduction

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operating categorical.

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     2.  In lieu of the transfer required by subparagraph 1., the

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Commissioner of Education may recommend a budget amendment,

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subject to approval by the Legislative Budget Commission, to

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transfer an alternative amount of funds from the district's class

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size reduction operating categorical to its approved fixed

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capital outlay account for class size reduction if the

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commissioner finds that the State Board of Education has reviewed

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evidence indicating that a district has been unable to meet class

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size reduction requirements despite appropriate effort to do so.

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The commissioner's budget amendment must be submitted to the

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Legislative Budget Commission by February 15 of each year.

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     3. For the 2007-2008 and 2008-2009 fiscal years year and

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thereafter, if in any fiscal year funds from a district's class

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size operating categorical are required to be transferred to its

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fixed capital outlay fund and the district's class size operating

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categorical allocation in the General Appropriations Act for that

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fiscal year has been reduced by a subsequent appropriation, the

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Commissioner of Education may recommend a 10-percent reduction in

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the amount of the transfer.

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     (b) For the 2009-2010 fiscal year, if the department

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determines that the number of students assigned to any individual

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class exceeds the class size maximum as required in subsection

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(2), and beginning in the 2010-2011 school year and each year

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thereafter, if any individual class exceeds the class size

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maximum as required in subsection (1), at the time of the third

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FEFP calculation, the department shall:

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     1. Identify for each grade group, the number of classes

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having an enrollment that exceeds the maximum, the number of

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students over the maximum for each such class, and the total

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number of students over the maximum for all classes.

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     2. Determine the number of full-time equivalent students

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(FTE) that are over the maximum class size for each grade group.

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     3. Multiply the total number of FTE students that are over

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the maximum class size for each grade group by the district's FTE

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dollar amount of the class size reduction allocation for that

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year and calculate the total for all three grade groups.

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     4. Reduce the district's class size reduction operating

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categorical allocation by an amount equal to the sum of the

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calculation in subparagraph 3.

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     (c) Upon verification of the department's calculation in

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paragraph (b) by the Florida Education Finance Program

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Appropriation Allocation Conference and not later than March 1 of

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each year, the Executive Office of the Governor shall place these

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funds in reserve and the undistributed funds shall revert to the

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General Revenue Fund unallocated at the end of the fiscal year.

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The amount of funds reduced shall be the lesser of the amount

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verified by the Florida Education Finance Program Appropriation

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Allocation Conference or the undistributed balance of the

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district's class size reduction operating categorical allocation.

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     (d) In lieu of the reduction calculation in paragraph (b),

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the commissioner may recommend a budget amendment, subject to

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approval of the Legislative Budget Commission, to reduce an

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alternative amount of funds from the district's class size

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reduction operating categorical allocation. The commissioner's

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budget amendment must be submitted to the Legislative Budget

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Commission by February 15 of each year.

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     (b) Beginning in the 2005-2006 school year, the department

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shall determine by January 15 of each year which districts have

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not met the two-student-per-year reduction required in subsection

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(2) based upon a comparison of the district's October student

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membership survey for the current school year and the February

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2003 baseline student membership survey. The department shall

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report such districts to the Legislature. Each district that has

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not met the two-student-per-year reduction shall be required to

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implement one of the following policies in the subsequent school

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year unless the department finds that the district comes into

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compliance based upon the February student membership survey:

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     1. Year-round schools;

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     2. Double sessions;

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     3. Rezoning; or

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     4. Maximizing use of instructional staff by changing

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required teacher loads and scheduling of planning periods,

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deploying school district employees who have professional

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certification to the classroom, using adjunct educators,

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operating schools beyond the normal operating hours to provide

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classes in the evening, or operating more than one session during

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the day.

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A school district that is required to implement one of the

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policies outlined in subparagraphs 1.-4. shall correct in the

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year of implementation any past deficiencies and bring the

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district into compliance with the two-student-per-year reduction

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goals established for the district by the department pursuant to

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subsection (2). A school district may choose to implement more

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than one of these policies. The district school superintendent

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shall report to the Commissioner of Education the extent to which

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the district implemented any of the policies outlined in

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subparagraphs 1.-4. in a format to be specified by the

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Commissioner of Education. The Department of Education shall use

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the enforcement authority provided in s. 1008.32 to ensure that

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districts comply with the provisions of this paragraph.

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     (c) Beginning in the 2006-2007 school year, the department

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shall annually determine which districts do not meet the

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requirements described in subsection (2). In addition to

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enforcement authority provided in s. 1008.32, the Department of

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Education shall develop a constitutional compliance plan for each

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such district which includes, but is not limited to, redrawing

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school attendance zones to maximize use of facilities while

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minimizing the additional use of transportation unless the

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department finds that the district comes into compliance based

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upon the February student membership survey and the other

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accountability policies listed in paragraph (b). Each district

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school board shall implement the constitutional compliance plan

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developed by the state board until the district complies with the

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constitutional class size maximums.

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     Section 6.  Section 1011.685, Florida Statutes, is amended

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to read:

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     1011.685  Class size reduction; operating categorical

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fund.--

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     (1)  There is created an operating categorical fund for

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implementing the class size reduction provisions of s. 1, Art. IX

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of the State Constitution. These funds shall be allocated to each

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school district in the amount prescribed by the Legislature in

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the General Appropriations Act.

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     (2)  Class size reduction operating categorical funds shall

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be used by school districts to reduce class size in any lawful

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manner. If the district has met the class size requirements

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identified in s. 1003.03, the funds may be used for any lawful

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operating expenditure; however, priority shall be given to

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increasing salaries of classroom teachers. for the following:

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     (a) To reduce class size in any lawful manner, if the

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district has not met the constitutional maximums identified in s.

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1003.03(1) or the reduction of two students per year required by

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s. 1003.03(2).

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     (b) For any lawful operating expenditure, if the district

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has met the constitutional maximums identified in s. 1003.03(1)

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or the reduction of two students per year required by s.

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1003.03(2); however, priority shall be given to increase salaries

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of classroom teachers as defined in s. 1012.01(2)(a) and to

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implement the differentiated-pay provisions detailed in s.

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1012.22.

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     Section 7.  This act shall take effect July 1, 2008.