Florida Senate - 2008 CS for SB 1756
By the Committee on Education Pre-K - 12 Appropriations; and Senator Wise
602-06511-08 20081756c1
1
A bill to be entitled
2
An act relating to classroom size reductions; amending ss.
4
changes made by the act; amending s. 1002.63, F.S.;
5
removing the eligibility requirements that a school
6
district is required to meet in order to deliver the
7
prekindergarten program during the school year; amending
8
s. 1002.73, F.S.; removing the Department of Education's
9
authority to certify school districts as eligible to
10
deliver the prekindergarten program; amending s. 1003.03,
11
F.S.; revising the requirements for calculating the number
12
of students per classroom for specified fiscal years;
13
providing a class size reduction calculation for the
14
department to apply if it determines that an individual
15
class exceeds the maximum level allowed; requiring the
16
Executive Office of the Governor to place the funds from
17
such calculation in reserve, with the undistributed funds
18
reverting to the General Revenue Fund; authorizing the
19
Commissioner of Education to recommend a budget amendment
20
by a certain date each year, subject to the Legislative
21
Budget Commission's approval; amending s. 1011.685, F.S.;
22
requiring school districts to use class size reduction
23
operating categorical funds to reduce class size;
24
authorizing a school district to use such funds for any
25
operating expenditure if the class size requirements are
26
met, with priority given to increasing teachers' salaries;
27
providing an effective date.
28
29
Be It Enacted by the Legislature of the State of Florida:
30
31
Section 1. Paragraph (c) of subsection (3) of section
32
1002.53, Florida Statutes, is amended to read:
33
1002.53 Voluntary Prekindergarten Education Program;
34
eligibility and enrollment.--
35
(3) The parent of each child eligible under subsection (2)
36
may enroll the child in one of the following programs:
37
(c) A school-year prekindergarten program delivered by a
38
public school, if offered by a school district that is eligible
39
under s. 1002.63.
40
41
Except as provided in s. 1002.71(4), a child may not enroll in
42
more than one of these programs.
43
Section 2. Subsections (4) and (6) of section 1002.61,
44
Florida Statutes, are amended to read:
45
1002.61 Summer prekindergarten program delivered by public
46
schools and private prekindergarten providers.--
48
1002.63(5), each public school and private prekindergarten
49
provider must have, for each prekindergarten class, at least one
50
prekindergarten instructor who:
51
(a) Is a certified teacher; or
52
(b) Holds one of the educational credentials specified in
53
s. 1002.55(4)(a) or (b).
54
55
As used in this subsection, the term "certified teacher" means a
56
teacher holding a valid Florida educator certificate under s.
57
1012.56 who has the qualifications required by the district
58
school board to instruct students in the summer prekindergarten
59
program. In selecting instructional staff for the summer
60
prekindergarten program, each school district shall give priority
61
to teachers who have experience or coursework in early childhood
62
education.
64
1002.63(7), each prekindergarten class in the summer
65
prekindergarten program, regardless of whether the class is a
66
public school's or private prekindergarten provider's class, must
67
be composed of at least 4 students but may not exceed 10
68
students. In order to protect the health and safety of students,
69
each public school or private prekindergarten provider must also
70
provide appropriate adult supervision for students at all times.
71
This subsection does not supersede any requirement imposed on a
73
Section 3. Section 1002.63, Florida Statutes, is amended to
74
read:
75
1002.63 School-year prekindergarten program delivered by
76
public schools.--
77
(1) Each school district eligible under subsection (4) may
78
administer the Voluntary Prekindergarten Education Program at the
79
district level for students enrolled under s. 1002.53(3)(c) in a
80
school-year prekindergarten program delivered by a public school.
81
(2) Each school-year prekindergarten program delivered by a
82
public school must comprise at least 540 instructional hours.
83
(3) The district school board of each school district
84
eligible under subsection (4) shall determine which public
85
schools in the district shall are eligible to deliver the
86
prekindergarten program during the school year.
87
(4) To be eligible to deliver the prekindergarten program
88
during the school year, each school district must meet both of
89
the following requirements:
90
(a) The district school board must certify to the State
91
Board of Education that the school district:
92
1. Has reduced the average class size in each classroom in
93
accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
94
of the State Constitution; and
95
2. Has sufficient satisfactory educational facilities and
96
capital outlay funds to continue reducing the average class size
97
in each classroom in the district's elementary schools for each
98
year in accordance with the schedule for class size reduction and
99
to achieve full compliance with the maximum class sizes in s.
100
1(a), Art. IX of the State Constitution by the beginning of the
101
2010-2011 school year.
102
(b) The Commissioner of Education must certify to the State
103
Board of Education that the department has reviewed the school
104
district's educational facilities, capital outlay funds, and
105
projected student enrollment and concurs with the district school
106
board's certification under paragraph (a).
107
(4)(5) Each public school must have, for each
108
prekindergarten class, at least one prekindergarten instructor
109
who meets each requirement in s. 1002.55(3)(c) for a
110
prekindergarten instructor of a private prekindergarten provider.
111
(5)(6) Each prekindergarten instructor employed by a public
112
school delivering the school-year prekindergarten program must be
113
of good moral character, must be screened using the level 2
114
screening standards in s. 435.04 before employment and rescreened
115
at least once every 5 years, must be denied employment or
116
terminated if required under s. 435.06, and must not be
117
ineligible to teach in a public school because his or her
118
educator certificate is suspended or revoked. This subsection
119
does not supersede employment requirements for instructional
120
personnel in public schools which are more stringent than the
121
requirements of this subsection.
122
(6)(7) Each prekindergarten class in a public school
123
delivering the school-year prekindergarten program must be
124
composed of at least 4 students but may not exceed 18 students.
125
In order to protect the health and safety of students, each
126
school must also provide appropriate adult supervision for
127
students at all times and, for each prekindergarten class
128
composed of 11 or more students, must have, in addition to a
129
prekindergarten instructor who meets the requirements of s.
130
1002.55(3)(c), at least one adult prekindergarten instructor who
131
is not required to meet those requirements but who must meet each
132
requirement of subsection (5) (6).
133
(7)(8) Each public school delivering the school-year
134
prekindergarten program must:
135
(a) Register with the early learning coalition on forms
136
prescribed by the Agency for Workforce Innovation; and
137
(b) Deliver the Voluntary Prekindergarten Education Program
138
in accordance with this part.
139
Section 4. Subsection (2) of section 1002.73, Florida
140
Statutes, is amended to read:
141
1002.73 Department of Education; powers and duties;
142
accountability requirements.--
143
(2) The department shall adopt procedures for the
144
department's:
145
(a) Approval of prekindergarten director credentials under
147
(b) Approval of emergent literacy training courses under
149
(c) Certification of school districts that are eligible to
150
deliver the school-year prekindergarten program under s. 1002.63.
151
(c)(d) Administration of the statewide kindergarten
152
screening and calculation of kindergarten readiness rates under
153
s. 1002.69.
154
Section 5. Subsections (1), (2), and (4) of section
155
1003.03, Florida Statutes, are amended to read:
156
1003.03 Maximum class size.--
157
(1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
158
Art. IX of the State Constitution, beginning in the 2010-2011
159
school year:
160
(a) The maximum number of students assigned to each teacher
161
who is teaching core-curricula courses in public school
162
classrooms for prekindergarten through grade 3 may not exceed 18
163
students.
164
(b) The maximum number of students assigned to each teacher
165
who is teaching core-curricula courses in public school
166
classrooms for grades 4 through 8 may not exceed 22 students.
167
(c) The maximum number of students assigned to each teacher
168
who is teaching core-curricula courses in public school
169
classrooms for grades 9 through 12 may not exceed 25 students.
170
(2) IMPLEMENTATION.--
171
(a) Beginning with the 2003-2004 fiscal year, each school
172
district that is not in compliance with the maximums in
173
subsection (1) shall reduce the average number of students per
174
classroom in each of the following grade groupings:
175
prekindergarten through grade 3, grade 4 through grade 8, and
176
grade 9 through grade 12, by at least two students each year.
177
(b) Determination of the number of students per classroom
178
in paragraph (a) shall be calculated as follows:
179
1. For fiscal years 2003-2004 through 2005-2006, the
180
calculation for compliance for each of the 3 grade groupings
181
shall be the average at the district level.
182
2. For fiscal years 2006-2007 through 2008-2009 2007-2008,
183
the calculation for compliance for each of the 3 grade groupings
184
shall be the average at the school level.
185
3. For fiscal year years 2008-2009, 2009-2010, and
186
thereafter, the calculation for compliance shall be at the
187
individual classroom level; however, for fiscal year 2009-2010,
188
an individual classroom may not exceed the individual classroom
189
level maximum by more than two students.
190
4. For fiscal years 2006-2007 through 2009-2010 and
191
thereafter, each teacher assigned to any classroom shall be
192
included in the calculation for compliance.
193
(c) The Department of Education shall annually calculate
194
each of the three average class size measures defined in
195
paragraphs (a) and (b) based upon the October student membership
196
survey. For purposes of determining the baseline from which each
197
district's average class size must be reduced for the 2003-2004
198
school year, the department shall use data from the February 2003
199
student membership survey updated to include classroom
200
identification numbers as required by the department.
201
(d) Prior to the adoption of the district school budget for
202
2004-2005, each district school board shall hold public hearings
203
to review school attendance zones in order to ensure maximum use
204
of facilities while minimizing the additional use of
205
transportation in order to comply with the two-student-per-year
206
reduction required in paragraph (a). School districts that meet
207
the constitutional class size maximums described in subsection
208
(1) are exempt from this requirement.
209
(4) ACCOUNTABILITY.--
210
(a)1. Beginning in the 2003-2004 fiscal year through the
211
2008-2009 fiscal year, if the department determines for any year
212
that a school district has not reduced average class size as
213
required in subsection (2) at the time of the third FEFP
214
calculation, the department shall calculate an amount from the
215
class size reduction operating categorical which is proportionate
216
to the amount of class size reduction not accomplished. Upon
217
verification of the department's calculation by the Florida
218
Education Finance Program Appropriation Allocation Conference and
219
not later than March 1 of each year, the Executive Office of the
220
Governor shall transfer undistributed funds equivalent to the
221
calculated amount from the district's class size reduction
222
operating categorical to an approved fixed capital outlay
223
appropriation for class size reduction in the affected district
224
pursuant to s. 216.292(2)(d). The amount of funds transferred
225
shall be the lesser of the amount verified by the Florida
226
Education Finance Program Appropriation Allocation Conference or
227
the undistributed balance of the district's class size reduction
228
operating categorical.
229
2. In lieu of the transfer required by subparagraph 1., the
230
Commissioner of Education may recommend a budget amendment,
231
subject to approval by the Legislative Budget Commission, to
232
transfer an alternative amount of funds from the district's class
233
size reduction operating categorical to its approved fixed
234
capital outlay account for class size reduction if the
235
commissioner finds that the State Board of Education has reviewed
236
evidence indicating that a district has been unable to meet class
237
size reduction requirements despite appropriate effort to do so.
238
The commissioner's budget amendment must be submitted to the
239
Legislative Budget Commission by February 15 of each year.
240
3. For the 2007-2008 and 2008-2009 fiscal years year and
241
thereafter, if in any fiscal year funds from a district's class
242
size operating categorical are required to be transferred to its
243
fixed capital outlay fund and the district's class size operating
244
categorical allocation in the General Appropriations Act for that
245
fiscal year has been reduced by a subsequent appropriation, the
246
Commissioner of Education may recommend a 10-percent reduction in
247
the amount of the transfer.
248
(b) For the 2009-2010 fiscal year, if the department
249
determines that the number of students assigned to any individual
250
class exceeds the class size maximum as required in subsection
251
(2), and beginning in the 2010-2011 school year and each year
252
thereafter, if any individual class exceeds the class size
253
maximum as required in subsection (1), at the time of the third
254
FEFP calculation, the department shall:
255
1. Identify for each grade group, the number of classes
256
having an enrollment that exceeds the maximum, the number of
257
students over the maximum for each such class, and the total
258
number of students over the maximum for all classes.
259
2. Determine the number of full-time equivalent students
260
(FTE) that are over the maximum class size for each grade group.
261
3. Multiply the total number of FTE students that are over
262
the maximum class size for each grade group by the district's FTE
263
dollar amount of the class size reduction allocation for that
264
year and calculate the total for all three grade groups.
265
4. Reduce the district's class size reduction operating
266
categorical allocation by an amount equal to the sum of the
267
calculation in subparagraph 3.
268
(c) Upon verification of the department's calculation in
269
paragraph (b) by the Florida Education Finance Program
270
Appropriation Allocation Conference and not later than March 1 of
271
each year, the Executive Office of the Governor shall place these
272
funds in reserve and the undistributed funds shall revert to the
273
General Revenue Fund unallocated at the end of the fiscal year.
274
The amount of funds reduced shall be the lesser of the amount
275
verified by the Florida Education Finance Program Appropriation
276
Allocation Conference or the undistributed balance of the
277
district's class size reduction operating categorical allocation.
278
(d) In lieu of the reduction calculation in paragraph (b),
279
the commissioner may recommend a budget amendment, subject to
280
approval of the Legislative Budget Commission, to reduce an
281
alternative amount of funds from the district's class size
282
reduction operating categorical allocation. The commissioner's
283
budget amendment must be submitted to the Legislative Budget
284
Commission by February 15 of each year.
285
(b) Beginning in the 2005-2006 school year, the department
286
shall determine by January 15 of each year which districts have
287
not met the two-student-per-year reduction required in subsection
288
(2) based upon a comparison of the district's October student
289
membership survey for the current school year and the February
290
2003 baseline student membership survey. The department shall
291
report such districts to the Legislature. Each district that has
292
not met the two-student-per-year reduction shall be required to
293
implement one of the following policies in the subsequent school
294
year unless the department finds that the district comes into
295
compliance based upon the February student membership survey:
296
1. Year-round schools;
297
2. Double sessions;
298
3. Rezoning; or
299
4. Maximizing use of instructional staff by changing
300
required teacher loads and scheduling of planning periods,
301
deploying school district employees who have professional
302
certification to the classroom, using adjunct educators,
303
operating schools beyond the normal operating hours to provide
304
classes in the evening, or operating more than one session during
305
the day.
306
307
A school district that is required to implement one of the
308
policies outlined in subparagraphs 1.-4. shall correct in the
309
year of implementation any past deficiencies and bring the
310
district into compliance with the two-student-per-year reduction
311
goals established for the district by the department pursuant to
312
subsection (2). A school district may choose to implement more
313
than one of these policies. The district school superintendent
314
shall report to the Commissioner of Education the extent to which
315
the district implemented any of the policies outlined in
316
subparagraphs 1.-4. in a format to be specified by the
317
Commissioner of Education. The Department of Education shall use
318
the enforcement authority provided in s. 1008.32 to ensure that
319
districts comply with the provisions of this paragraph.
320
(c) Beginning in the 2006-2007 school year, the department
321
shall annually determine which districts do not meet the
322
requirements described in subsection (2). In addition to
323
enforcement authority provided in s. 1008.32, the Department of
324
Education shall develop a constitutional compliance plan for each
325
such district which includes, but is not limited to, redrawing
326
school attendance zones to maximize use of facilities while
327
minimizing the additional use of transportation unless the
328
department finds that the district comes into compliance based
329
upon the February student membership survey and the other
330
accountability policies listed in paragraph (b). Each district
331
school board shall implement the constitutional compliance plan
332
developed by the state board until the district complies with the
333
constitutional class size maximums.
334
Section 6. Section 1011.685, Florida Statutes, is amended
335
to read:
336
1011.685 Class size reduction; operating categorical
337
fund.--
338
(1) There is created an operating categorical fund for
339
implementing the class size reduction provisions of s. 1, Art. IX
340
of the State Constitution. These funds shall be allocated to each
341
school district in the amount prescribed by the Legislature in
342
the General Appropriations Act.
343
(2) Class size reduction operating categorical funds shall
344
be used by school districts to reduce class size in any lawful
345
manner. If the district has met the class size requirements
346
identified in s. 1003.03, the funds may be used for any lawful
347
operating expenditure; however, priority shall be given to
348
increasing salaries of classroom teachers. for the following:
349
(a) To reduce class size in any lawful manner, if the
350
district has not met the constitutional maximums identified in s.
351
1003.03(1) or the reduction of two students per year required by
352
s. 1003.03(2).
353
(b) For any lawful operating expenditure, if the district
354
has met the constitutional maximums identified in s. 1003.03(1)
355
or the reduction of two students per year required by s.
356
1003.03(2); however, priority shall be given to increase salaries
357
of classroom teachers as defined in s. 1012.01(2)(a) and to
358
implement the differentiated-pay provisions detailed in s.
359
360
Section 7. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.