CS/HB 7043

1	A bill to be entitled
2	An act relating to maximum class size; amending s.
3	1003.03, F.S.; revising the schedule for implementing the
4	constitutional class size maximums; revising the
5	calculations for compliance; requiring the Department of
6	Education to determine which school districts do not meet
7	the class size requirements and report such districts to
8	the Legislature; providing State Board of Education
9	enforcement authority and Commissioner of Education duties
10	to ensure district compliance with class size
11	requirements; revising accountability provisions to
12	require the department to reduce the class size reduction
13	operating categorical allocation for noncompliance;
14	deleting accountability provisions relating to the
15	transfer of funds, the requirement that noncompliant
16	districts implement certain policies, and the development
17	of compliance plans; requiring school districts to make
18	assignments to meet class size maximums no later than the
19	October student membership survey; requiring school
20	districts with unexpected student enrollment growth to
21	consider alternatives to comply with class size
22	requirements; defining unexpected student enrollment
23	growth; authorizing a district school board to make a
24	flexibility determination to attain compliance; requiring
25	a public hearing with notice; providing conditions for a
26	flexibility determination; requiring rulemaking; amending
27	s. 1011.685, F.S.; revising requirements for school
28	district use of the class size reduction operating
29	categorical allocation; amending s. 216.292, F.S.;
30	deleting provisions authorizing the transfer of
31	appropriations for public school operations to a fixed
32	capital outlay appropriation for class size reduction;
33	amending s. 1002.63, F.S.; deleting provisions relating to
34	school district eligibility to deliver the Voluntary
35	Prekindergarten Education Program based on class size;
36	amending ss. 1002.53, 1002.61, and 1002.73, F.S.;
37	conforming provisions and cross-references; providing an
38	effective date.
39
40	WHEREAS, the Florida Supreme Court held in its Advisory
41	Opinion to the Attorney General regarding Florida's Amendment to
42	Reduce Class Size that, rather than restricting the Legislature,
43	the class size amendment in Article IX, Section 1 of the Florida
44	Constitution gives the Legislature latitude in designing ways to
45	reach the class size goal articulated in the amendment and
46	places the obligation to ensure compliance on the Legislature,
47	not the local school boards, and
48	WHEREAS, disruptions in learning in the middle of the
49	school year, such as the breakup of a classroom, being
50	reassigned to a new teacher, or being transferred to another
51	class or school, are educationally unsound and distressing to
52	educators, parents, and students, NOW, THEREFORE,
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Section 1003.03, Florida Statutes, as amended
57	by chapter 2007-328, Laws of Florida, is amended to read:
58	1003.03  Maximum class size.--
59	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
60	Art. IX of the State Constitution, beginning in the 2010-2011
61	school year:
62	(a)  The maximum number of students assigned to each
63	teacher who is teaching core-curricula courses in public school
64	classrooms for prekindergarten through grade 3 may not exceed 18
65	students.
66	(b)  The maximum number of students assigned to each
67	teacher who is teaching core-curricula courses in public school
68	classrooms for grades 4 through 8 may not exceed 22 students.
69	(c)  The maximum number of students assigned to each
70	teacher who is teaching core-curricula courses in public school
71	classrooms for grades 9 through 12 may not exceed 25 students.
72	(2)  IMPLEMENTATION.--
73	(a)1.  Beginning with the 2003-2004 fiscal year through the
74	2007-2008 fiscal year, each school district that is not in
75	compliance with the maximums in subsection (1) shall reduce the
76	average number of students per classroom in each of the
77	following grade groupings: prekindergarten through grade 3,
78	grade 4 through grade 8, and grade 9 through grade 12, by at
79	least two students each year.
80	2.  In the 2008-2009 fiscal year and each fiscal year
81	thereafter, implementation shall be as provided in s. 1011.685.
82	(b)  Determination of the number of students per classroom
83	in paragraph (a) shall be calculated as follows:
84	1.  For fiscal years 2003-2004 through 2005-2006, the
85	calculation for compliance for each of the three 3 grade
86	groupings shall be the average at the district level.
87	2.  For fiscal years 2006-2007 through 2007-2008, the
88	calculation for compliance for each of the three 3 grade
89	groupings shall be the average at the school level.
90	3.  For fiscal year years 2008-2009, 2009-2010, and
91	thereafter, the calculation for compliance shall be the average
92	at the school level. However, each district should strive in
93	every practical way to achieve the goal that the constitutional
94	class size maximums in subsection (1) be exceeded by no more
95	than four students at the individual classroom level.
96	4.  For fiscal year 2009-2010, the calculation for
97	compliance shall be the average at the school level. However,
98	each district should strive in every practical way to achieve
99	the goal that the constitutional class size maximums in
100	subsection (1) be exceeded by no more than two students at the
101	individual classroom level.
102	5.  Beginning with the October student membership survey of
103	the 2010-2011 school year and at the October student membership
104	survey of each school year thereafter, compliance shall be
105	calculated at the individual classroom level based on the
106	constitutional class size maximums in subsection (1).
107	6.  The calculation for class size compliance for charter
108	schools, public magnet programs, and other public school
109	parental choice programs shall be the average for the applicable
110	grade grouping at the school level established at the October
111	student membership survey of the district in which the charter
112	school, public magnet program, or other public school parental
113	choice program is operated.
114	7.4.  For fiscal years 2006-2007 through 2009-2010 and
115	thereafter, each teacher assigned to any classroom shall be
116	included in the calculation for compliance.
117	(c)  The Department of Education shall annually calculate
118	each of the three average class size measures defined in
119	paragraphs (a) and (b) based upon the October student membership
120	survey and annually report to the Legislature by February 1
121	those districts that are not in compliance. For fiscal year
122	2008-2009, the department shall also report, by each grade
123	grouping, those districts with individual classrooms exceeding
124	the constitutional class size maximums in subsection (1) by more
125	than four students. For fiscal year 2009-2010, the department
126	shall also report, by each grade grouping, those districts with
127	individual classrooms exceeding the constitutional class size
128	maximums in subsection (1) by more than two students. For
129	purposes of determining the baseline from which each district's
130	average class size must be reduced for the 2003-2004 school
131	year, the department shall use data from the February 2003
132	student membership survey updated to include classroom
133	identification numbers as required by the department.
134	(d)  The State Board of Education may use the enforcement
135	authority provided in s. 1008.32 to ensure that school districts
136	comply with the provisions of this subsection. The Commissioner
137	of Education shall require each district with individual
138	classrooms that exceed the constitutional class size maximums in
139	subsection (1) by more than four students in fiscal year 2008-
140	2009 or by more than two students in fiscal year 2009-2010 to
141	implement policies, including, but not limited to, team-teaching
142	strategies, to ensure that the district comes into compliance by
143	the following school year. Prior to the adoption of the district
144	school budget for 2004-2005, each district school board shall
145	hold public hearings to review school attendance zones in order
146	to ensure maximum use of facilities while minimizing the
147	additional use of transportation in order to comply with the
148	two-student-per-year reduction required in paragraph (a). School
149	districts that meet the constitutional class size maximums
150	described in subsection (1) are exempt from this requirement.
151	(3)  IMPLEMENTATION OPTIONS.--District school boards must
152	consider, but are not limited to, implementing the following
153	items in order to meet the constitutional class size maximums
154	described in subsections subsection (1) and the two-student-per-
155	year reduction required in subsection (2):
156	(a)  Adopt policies to encourage qualified students to take
157	dual enrollment courses.
158	(b)  Adopt policies to encourage students to take courses
159	from the Florida Virtual School.
160	(c)1.  Repeal district school board policies that require
161	students to have more than 24 credits to graduate from high
162	school.
163	2.  Adopt policies to allow students to graduate from high
164	school as soon as they pass the grade 10 FCAT and complete the
165	courses required for high school graduation.
166	(d)  Use methods to maximize use of instructional staff,
167	such as changing required teaching loads and scheduling of
168	planning periods, deploying district employees that have
169	professional certification to the classroom, using adjunct
170	educators, or any other method not prohibited by law.
171	(e)  Use innovative methods to reduce the cost of school
172	construction by using prototype school designs, using SMART
173	Schools designs, participating in the School Infrastructure
174	Thrift Program, or any other method not prohibited by law.
175	(f)  Use joint-use facilities through partnerships with
176	community colleges, state universities, and private colleges and
177	universities. Joint-use facilities available for use as K-12
178	classrooms that do not meet the K-12 State Regulations for
179	Educational Facilities in the Florida Building Code may be used
180	at the discretion of the district school board provided that
181	such facilities meet all other health, life, safety, and fire
182	codes.
183	(g)  Adopt alternative methods of class scheduling, such as
184	block scheduling.
185	(h)  Redraw school attendance zones to maximize use of
186	facilities while minimizing the additional use of
187	transportation.
188	(i)  Operate schools beyond the normal operating hours to
189	provide classes in the evening or operate more than one session
190	of school during the day.
191	(j)  Use year-round schools and other nontraditional
192	calendars that do not adversely impact annual assessment of
193	student achievement.
194	(k)  Review and consider amending any collective bargaining
195	contracts that hinder the implementation of class size
196	reduction.
197	(l)  Use any other approach not prohibited by law.
198	(4)  ACCOUNTABILITY.--Beginning with the October student
199	membership survey of the 2010-2011 school year and at the
200	October student membership survey of each school year
201	thereafter, if the department determines that any individual
202	classroom exceeds the constitutional class size maximums in
203	subsection (1) and a flexibility determination in subsection (6)
204	has not been timely granted by the district school board, the
205	department shall:
206	(a)  Identify, for each of the three grade groupings, the
207	number of classrooms with a student enrollment that exceeds the
208	constitutional class size maximums in subsection (1), the number
209	of students over the maximum for each classroom, and the total
210	number of students over the maximum for all classrooms in each
211	school and each school district.
212	(b)  Determine the number of full-time equivalent students
213	that are over the constitutional class size maximums in
214	subsection (1) for each of the three grade groupings.
215	(c)  Multiply the total number of full-time equivalent
216	students under paragraph (b) for each of the three grade
217	groupings by the class size reduction operating categorical
218	allocation factor for that grade grouping as established in the
219	Florida Education Finance Program calculation that is
220	incorporated by reference in the General Appropriations Act or
221	any subsequent special appropriations act and calculate the
222	total for all three grade groupings.
223	(d)  Upon verification of the department's calculation by
224	the Florida Education Finance Program Appropriation Allocation
225	Conference and not later than March 1 of each year, reduce the
226	district's class size reduction operating categorical allocation
227	as calculated in the third Florida Education Finance Program
228	calculation by an amount equal to the lesser of the remaining
229	undisbursed balance of the allocation or the sum of the
230	calculations in paragraph (c).
231	(a)1.  Beginning in the 2003-2004 fiscal year, if the
232	department determines for any year that a school district has
233	not reduced average class size as required in subsection (2) at
234	the time of the third FEFP calculation, the department shall
235	calculate an amount from the class size reduction operating
236	categorical which is proportionate to the amount of class size
237	reduction not accomplished. Upon verification of the
238	department's calculation by the Florida Education Finance
239	Program Appropriation Allocation Conference and not later than
240	March 1 of each year, the Executive Office of the Governor shall
241	transfer undistributed funds equivalent to the calculated amount
242	from the district's class size reduction operating categorical
243	to an approved fixed capital outlay appropriation for class size
244	reduction in the affected district pursuant to s. 216.292(2)(d).
245	The amount of funds transferred shall be the lesser of the
246	amount verified by the Florida Education Finance Program
247	Appropriation Allocation Conference or the undistributed balance
248	of the district's class size reduction operating categorical.
249	2.  In lieu of the transfer required by subparagraph 1.,
250	the Commissioner of Education may recommend a budget amendment,
251	subject to approval by the Legislative Budget Commission, to
252	transfer an alternative amount of funds from the district's
253	class size reduction operating categorical to its approved fixed
254	capital outlay account for class size reduction if the
255	commissioner finds that the State Board of Education has
256	reviewed evidence indicating that a district has been unable to
257	meet class size reduction requirements despite appropriate
258	effort to do so. The commissioner's budget amendment must be
259	submitted to the Legislative Budget Commission by February 15 of
260	each year.
261	3.  For the 2007-2008 fiscal year and thereafter, if in any
262	fiscal year funds from a district's class size operating
263	categorical are required to be transferred to its fixed capital
264	outlay fund and the district's class size operating categorical
265	allocation in the General Appropriations Act for that fiscal
266	year has been reduced by a subsequent appropriation, the
267	Commissioner of Education may recommend a 10-percent reduction
268	in the amount of the transfer.
269	(b)  Beginning in the 2005-2006 school year, the department
270	shall determine by January 15 of each year which districts have
271	not met the two-student-per-year reduction required in
272	subsection (2) based upon a comparison of the district's October
273	student membership survey for the current school year and the
274	February 2003 baseline student membership survey. The department
275	shall report such districts to the Legislature. Each district
276	that has not met the two-student-per-year reduction shall be
277	required to implement one of the following policies in the
278	subsequent school year unless the department finds that the
279	district comes into compliance based upon the February student
280	membership survey:
281	1.  Year-round schools;
282	2.  Double sessions;
283	3.  Rezoning; or
284	4.  Maximizing use of instructional staff by changing
285	required teacher loads and scheduling of planning periods,
286	deploying school district employees who have professional
287	certification to the classroom, using adjunct educators,
288	operating schools beyond the normal operating hours to provide
289	classes in the evening, or operating more than one session
290	during the day.
291
292	A school district that is required to implement one of the
293	policies outlined in subparagraphs 1.-4. shall correct in the
294	year of implementation any past deficiencies and bring the
295	district into compliance with the two-student-per-year reduction
296	goals established for the district by the department pursuant to
297	subsection (2). A school district may choose to implement more
298	than one of these policies. The district school superintendent
299	shall report to the Commissioner of Education the extent to
300	which the district implemented any of the policies outlined in
301	subparagraphs 1.-4. in a format to be specified by the
302	Commissioner of Education. The Department of Education shall use
303	the enforcement authority provided in s. 1008.32 to ensure that
304	districts comply with the provisions of this paragraph.
305	(c)  Beginning in the 2006-2007 school year, the department
306	shall annually determine which districts do not meet the
307	requirements described in subsection (2). In addition to
308	enforcement authority provided in s. 1008.32, the Department of
309	Education shall develop a constitutional compliance plan for
310	each such district which includes, but is not limited to,
311	redrawing school attendance zones to maximize use of facilities
312	while minimizing the additional use of transportation unless the
313	department finds that the district comes into compliance based
314	upon the February student membership survey and the other
315	accountability policies listed in paragraph (b). Each district
316	school board shall implement the constitutional compliance plan
317	developed by the state board until the district complies with
318	the constitutional class size maximums.
319	(5)  TEAM-TEACHING STRATEGIES.--
320	(a)  School districts may use teaching strategies that
321	include the assignment of more than one teacher to a classroom
322	of students and that were implemented before July 1, 2005.
323	Effective July 1, 2005, school districts may implement
324	additional teaching strategies that include the assignment of
325	more than one teacher to a classroom of students for the
326	following purposes only:
327	1.  Pairing teachers for the purpose of staff development.
328	2.  Pairing new teachers with veteran teachers.
329	3.  Reducing turnover among new teachers.
330	4.  Pairing teachers who are teaching out-of-field with
331	teachers who are in-field.
332	5.  Providing for more flexibility and innovation in the
333	classroom.
334	6.  Improving learning opportunities for students,
335	including students who have disabilities.
336	(b)  Teaching strategies, including team teaching, co-
337	teaching, or inclusion teaching, implemented on or after July 1,
338	2005, pursuant to paragraph (a) may be implemented subject to
339	the following restrictions:
340	1.  Reasonable limits shall be placed on the number of
341	students in a classroom so that classrooms are not overcrowded.
342	Teacher-to-student ratios within a curriculum area or grade
343	level must not exceed constitutional limits.
344	2.  At least one member of the team must have at least 3
345	years of teaching experience.
346	3.  At least one member of the team must be teaching in-
347	field.
348	4.  The teachers must be trained in team-teaching methods
349	within 1 year after assignment.
350	(c)  As used in this subsection, the term:
351	1.  "Team teaching" or "co-teaching" means two or more
352	teachers are assigned to a group of students and each teacher is
353	responsible for all of the students during the entire class
354	period. In order to be considered team teaching or co-teaching,
355	each teacher is responsible for planning, delivering, and
356	evaluating instruction for all students in the class or subject
357	for the entire class period.
358	2.  "Inclusion teaching" means two or more teachers are
359	assigned to a group of students, but one of the teachers is
360	responsible for only one student or a small group of students in
361	the classroom.
362
363	The use of strategies implemented as outlined in this subsection
364	meets the letter and intent of the Florida Constitution and the
365	Florida Statutes which relate to implementing class size
366	reduction, and this subsection applies retroactively. A school
367	district may not be penalized financially or otherwise as a
368	result of the use of any legal strategy, including, but not
369	limited to, those set forth in subsection (3) and this
370	subsection.
371	(6)  FLEXIBILITY DETERMINATION.--
372	(a)  Beginning with the October student membership survey
373	of the 2010-2011 school year and at the October student
374	membership survey of each school year thereafter, each school
375	district shall make assignments to meet the constitutional class
376	size maximums in subsection (1).
377	(b)  In the event of unexpected student enrollment growth
378	after the October student membership survey, which will require
379	a school district to take further action to meet the
380	constitutional class size maximums in subsection (1), the
381	alternatives in subsections (3) and (5) shall be considered and
382	implemented as deemed practical by the school district. For
383	purposes of this subsection, unexpected student enrollment
384	growth is student enrollment in excess of the school's official
385	staffing plan and capacity.
386	(c)1.  Upon a finding that taking further action to attain
387	compliance is either impractical or educationally unsound and
388	disruptive to students, a district school board may make a
389	flexibility determination at a public meeting that has been
390	noticed pursuant to s. 120.525; however, a school board's
391	determination under this paragraph is not subject to challenge
392	under chapter 120. The district school board shall file the
393	record of its public meeting, together with documentation of its
394	flexibility determination, with the department.
395	2.  If a flexibility determination is made by a district
396	school board, the following conditions shall apply:
397	a.  The flexibility determination shall expire at the end
398	of the school year.
399	b.  The flexibility determination for all schools within
400	the district shall not be greater than the amount by which the
401	district's full-time equivalent students from the October
402	student membership survey exceed the district's projection used
403	in the Florida Education Finance Program calculation that is
404	incorporated by reference in the General Appropriations Act.
405	c.  The flexibility determination shall not exceed three
406	students above the constitutional class size maximum in
407	paragraph (1)(a) for prekindergarten through grade 3 and shall
408	not exceed five students above the constitutional class size
409	maximum in paragraph (1)(b) or paragraph (1)(c) for grades 4
410	through 8 or grades 9 through 12, respectively.
411	d.  If the unexpected student enrollment growth would
412	result in more than three students or five students above the
413	constitutional class size maximums as provided in sub-
414	subparagraph c., the school district shall add classrooms and
415	teachers or take such other action as necessary to comply with
416	the constitutional class size maximums in subsection (1).
417	e.  The class size average for each of the three grade
418	groupings at a school shall not exceed the average established
419	from the October student membership survey.
420	f.  The district school board shall develop a plan to
421	provide that each school will be in full compliance with the
422	constitutional class size maximums in subsection (1) by the next
423	October student membership survey.
424	(d)  A school shall be considered to be in compliance with
425	the constitutional class size maximums in subsection (1) when it
426	has classrooms utilizing the flexibility determination granted
427	by the district school board.
428	(7)  RULES.--The State Board of Education shall adopt
429	rules, pursuant to ss. 120.536(1) and 120.54, governing
430	compliance calculations under this section, the timeliness and
431	required documentation for district school board flexibility
432	determinations, and district school board appeals under this
433	section.
434	Section 2.  Section 1011.685, Florida Statutes, is amended
435	to read:
436	1011.685  Class size reduction; operating categorical
437	fund.--
438	(1)  There is created an operating categorical fund for
439	implementing the class size reduction provisions of s. 1, Art.
440	IX of the State Constitution. These funds shall be allocated to
441	each school district in the amount prescribed by the Legislature
442	in the General Appropriations Act.
443	(2)(a)  Beginning with the October student membership
444	survey in the 2008-2009 fiscal year, each school district that
445	has individual classrooms exceeding the constitutional class
446	size maximums in s. 1003.03(1) by more than four students shall
447	use 100 percent of its class size reduction operating
448	categorical allocation for purposes of achieving compliance with
449	the constitutional maximums in any lawful manner, including, but
450	not limited to, the alternatives in s. 1003.03(3) and (5) until
451	the constitutional class size maximums are met. Each school
452	district that has no individual classrooms in excess of the
453	constitutional class size maximums in s. 1003.03(1) by more than
454	four students may use its class size reduction operating
455	categorical allocation for any lawful operating expenditure;
456	however, priority shall be given to increase salaries of
457	classroom teachers as defined in s. 1012.01(2)(a) and to
458	implement the differentiated-pay provisions provided in s.
459	1012.22.
460	(b)  Beginning with the October student membership survey
461	in the 2009-2010 fiscal year, each school district that has
462	individual classrooms exceeding the constitutional class size
463	maximums in s. 1003.03(1) by more than two students shall use
464	100 percent of its class size reduction operating categorical
465	allocation for purposes of achieving compliance with the
466	constitutional maximums in any lawful manner, including, but not
467	limited to, the alternatives in s. 1003.03(3) and (5) until the
468	constitutional class size maximums are met. Each school district
469	that has no individual classrooms in excess of the
470	constitutional class size maximums in s. 1003.03(1) by more than
471	two students may use its class size reduction operating
472	categorical allocation for any lawful operating expenditure;
473	however, priority shall be given to increase salaries of
474	classroom teachers as defined in s. 1012.01(2)(a) and to
475	implement the differentiated-pay provisions provided in s.
476	1012.22.
477	(c)  Beginning with the October student membership survey
478	in the 2010-2011 fiscal year and in each fiscal year thereafter,
479	each individual classroom shall be in compliance with the
480	constitutional class size maximums in s. 1003.03(1).
481	(2)  Class size reduction operating categorical funds shall
482	be used by school districts for the following:
483	(a)  To reduce class size in any lawful manner, if the
484	district has not met the constitutional maximums identified in
485	s. 1003.03(1) or the reduction of two students per year required
486	by s. 1003.03(2).
487	(b)  For any lawful operating expenditure, if the district
488	has met the constitutional maximums identified in s. 1003.03(1)
489	or the reduction of two students per year required by s.
490	1003.03(2); however, priority shall be given to increase
491	salaries of classroom teachers as defined in s. 1012.01(2)(a)
492	and to implement the differentiated-pay provisions detailed in
493	s. 1012.22.
494	Section 3.  Paragraph (d) of subsection (2) of section
495	216.292, Florida Statutes, is amended to read:
496	216.292  Appropriations nontransferable; exceptions.--
497	(2)  The following transfers are authorized to be made by
498	the head of each department or the Chief Justice of the Supreme
499	Court whenever it is deemed necessary by reason of changed
500	conditions:
501	(d)  The transfer of funds by the Executive Office of the
502	Governor from appropriations for public school operations to a
503	fixed capital outlay appropriation for class size reduction
504	based on recommendations of the Florida Education Finance
505	Program Appropriation Allocation Conference or the Legislative
506	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
507	Governor under this subsection are subject to the notice and
508	review provisions of s. 216.177.
509	Section 4.  Paragraph (c) of subsection (3) of section
510	1002.53, Florida Statutes, is amended to read:
511	1002.53  Voluntary Prekindergarten Education Program;
512	eligibility and enrollment.--
513	(3)  The parent of each child eligible under subsection (2)
514	may enroll the child in one of the following programs:
515	(c)  A school-year prekindergarten program delivered by a
516	public school, if offered by a school district that is eligible
517	under s. 1002.63.
518
519	Except as provided in s. 1002.71(4), a child may not enroll in
520	more than one of these programs.
521	Section 5.  Subsections (4) and (6) of section 1002.61,
522	Florida Statutes, are amended to read:
523	1002.61  Summer prekindergarten program delivered by public
524	schools and private prekindergarten providers.--
525	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)(5),
526	each public school and private prekindergarten provider must
527	have, for each prekindergarten class, at least one
528	prekindergarten instructor who:
529	(a)  Is a certified teacher; or
530	(b)  Holds one of the educational credentials specified in
531	s. 1002.55(4)(a) or (b).
532
533	As used in this subsection, the term "certified teacher" means a
534	teacher holding a valid Florida educator certificate under s.
535	1012.56 who has the qualifications required by the district
536	school board to instruct students in the summer prekindergarten
537	program. In selecting instructional staff for the summer
538	prekindergarten program, each school district shall give
539	priority to teachers who have experience or coursework in early
540	childhood education.
541	(6)  Notwithstanding ss. 1002.55(3)(e) and 1002.63(6)(7),
542	each prekindergarten class in the summer prekindergarten
543	program, regardless of whether the class is a public school's or
544	private prekindergarten provider's class, must be composed of at
545	least 4 students but may not exceed 10 students. In order to
546	protect the health and safety of students, each public school or
547	private prekindergarten provider must also provide appropriate
548	adult supervision for students at all times. This subsection
549	does not supersede any requirement imposed on a provider under
550	ss. 402.301-402.319.
551	Section 6.  Section 1002.63, Florida Statutes, is amended
552	to read:
553	1002.63  School-year prekindergarten program delivered by
554	public schools.--
555	(1)  Each school district eligible under subsection (4) may
556	administer the Voluntary Prekindergarten Education Program at
557	the district level for students enrolled under s. 1002.53(3)(c)
558	in a school-year prekindergarten program delivered by a public
559	school.
560	(2)  Each school-year prekindergarten program delivered by
561	a public school must comprise at least 540 instructional hours.
562	(3)  The district school board of each school district
563	eligible under subsection (4) shall determine which public
564	schools in the district shall are eligible to deliver the
565	prekindergarten program during the school year.
566	(4)  To be eligible to deliver the prekindergarten program
567	during the school year, each school district must meet both of
568	the following requirements:
569	(a)  The district school board must certify to the State
570	Board of Education that the school district:
571	1.  Has reduced the average class size in each classroom in
572	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
573	of the State Constitution; and
574	2.  Has sufficient satisfactory educational facilities and
575	capital outlay funds to continue reducing the average class size
576	in each classroom in the district's elementary schools for each
577	year in accordance with the schedule for class size reduction
578	and to achieve full compliance with the maximum class sizes in
579	s. 1(a), Art. IX of the State Constitution by the beginning of
580	the 2010-2011 school year.
581	(b)  The Commissioner of Education must certify to the
582	State Board of Education that the department has reviewed the
583	school district's educational facilities, capital outlay funds,
584	and projected student enrollment and concurs with the district
585	school board's certification under paragraph (a).
586	(4)(5)  Each public school must have, for each
587	prekindergarten class, at least one prekindergarten instructor
588	who meets each requirement in s. 1002.55(3)(c) for a
589	prekindergarten instructor of a private prekindergarten
590	provider.
591	(5)(6)  Each prekindergarten instructor employed by a
592	public school delivering the school-year prekindergarten program
593	must be of good moral character, must be screened using the
594	level 2 screening standards in s. 435.04 before employment and
595	rescreened at least once every 5 years, must be denied
596	employment or terminated if required under s. 435.06, and must
597	not be ineligible to teach in a public school because his or her
598	educator certificate is suspended or revoked. This subsection
599	does not supersede employment requirements for instructional
600	personnel in public schools which are more stringent than the
601	requirements of this subsection.
602	(6)(7)  Each prekindergarten class in a public school
603	delivering the school-year prekindergarten program must be
604	composed of at least 4 students but may not exceed 18 students.
605	In order to protect the health and safety of students, each
606	school must also provide appropriate adult supervision for
607	students at all times and, for each prekindergarten class
608	composed of 11 or more students, must have, in addition to a
609	prekindergarten instructor who meets the requirements of s.
610	1002.55(3)(c), at least one adult prekindergarten instructor who
611	is not required to meet those requirements but who must meet
612	each requirement of subsection (5)(6).
613	(7)(8)  Each public school delivering the school-year
614	prekindergarten program must:
615	(a)  Register with the early learning coalition on forms
616	prescribed by the Agency for Workforce Innovation; and
617	(b)  Deliver the Voluntary Prekindergarten Education
618	Program in accordance with this part.
619	Section 7.  Subsection (2) of section 1002.73, Florida
620	Statutes, is amended to read:
621	1002.73  Department of Education; powers and duties;
622	accountability requirements.--
623	(2)  The department shall adopt procedures for the
624	department's:
625	(a)  Approval of prekindergarten director credentials under
626	ss. 1002.55 and 1002.57.
627	(b)  Approval of emergent literacy training courses under
628	ss. 1002.55 and 1002.59.
629	(c)  Certification of school districts that are eligible to
630	deliver the school-year prekindergarten program under s.
631	1002.63.
632	(c)(d)  Administration of the statewide kindergarten
633	screening and calculation of kindergarten readiness rates under
634	s. 1002.69.
635	Section 8.  This act shall take effect July 1, 2008.

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