Florida Senate - 2009 SJR 1828
By Senator Wise
5-00977C-09 20091828__
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section 1
3 of Article IX and the creation of Section 31 of
4 Article XII of the State Constitution to revise class
5 size requirements for public schools and to provide an
6 effective date.
7
8 Be It Resolved by the Legislature of the State of Florida:
9
10 That the following amendment to Section 1 of Article IX and
11 the creation of Section 31 of Article XII of the State
12 Constitution are agreed to and shall be submitted to the
13 electors of this state for approval or rejection at the general
14 election to be held in November 2010:
15 ARTICLE IX
16 EDUCATION
17 SECTION 1. Public education.—
18 (a) The education of children is a fundamental value of the
19 people of the State of Florida. It is, therefore, a paramount
20 duty of the state to make adequate provision for the education
21 of all children residing within its borders. Adequate provision
22 shall be made by law for a uniform, efficient, safe, secure, and
23 high quality system of free public schools that allows students
24 to obtain a high quality education and for the establishment,
25 maintenance, and operation of institutions of higher learning
26 and other public education programs that the needs of the people
27 may require. To assure that children attending public schools
28 obtain a high quality education, the legislature shall make
29 adequate provision to ensure that, by the beginning of the 2010
30 2011 2010 school year and for each school year thereafter, there
31 are a sufficient number of classrooms so that:
32 (1) The average maximum number of students at the school
33 level who are assigned to each teacher who is teaching in public
34 school classrooms for prekindergarten through grade 3 does not
35 exceed 18 students and the maximum number of students assigned
36 to each teacher in an individual classroom does not exceed 21
37 students;
38 (2) The average maximum number of students at the school
39 level who are assigned to each teacher who is teaching in public
40 school classrooms for grades 4 through 8 does not exceed 22
41 students and the maximum number of students assigned to each
42 teacher in an individual classroom does not exceed 27 students;
43 and
44 (3) The average maximum number of students at the school
45 level who are assigned to each teacher who is teaching in public
46 school classrooms for grades 9 through 12 does not exceed 25
47 students.
48 The class size requirements of this subsection do not apply to
49 extracurricular or virtual classes. Payment of the costs
50 associated with reducing class size to meet these requirements
51 is the responsibility of the state and not of local school
52 schools districts. Beginning with the 2003-2004 fiscal year, the
53 legislature shall provide sufficient funds to reduce the average
54 number of students in each classroom by at least two students
55 per year until the maximum number of students per classroom does
56 not exceed the requirements of this subsection.
57 (b) Every four-year old child in Florida shall be provided
58 by the State a high quality prekindergarten pre-kindergarten
59 learning opportunity in the form of an early childhood
60 development and education program which shall be voluntary, high
61 quality, free, and delivered according to professionally
62 accepted standards. An early childhood development and education
63 program means an organized program designed to address and
64 enhance each child’s ability to make age appropriate progress in
65 an appropriate range of settings in the development of language
66 and cognitive capabilities and emotional, social, regulatory,
67 and moral capacities through education in basic skills and such
68 other skills as the Legislature may determine to be appropriate.
69 (c) The early childhood education and development programs
70 provided by reason of subsection subparagraph (b) shall be
71 implemented no later than the beginning of the 2005 school year
72 through funds generated in addition to those used for existing
73 education, health, and development programs. Existing education,
74 health, and development programs are those funded by the State
75 as of January 1, 2002, that provided for child or adult
76 education, health care, or development.
77 ARTICLE XII
78 SCHEDULE
79 SECTION 31. Class size requirements for public schools.—The
80 amendment to Section 1 of Article IX, which requires that the
81 class size requirements for public schools shall be based on the
82 average number of students at the school level who are assigned
83 to a teacher in specified grades, and this section, if submitted
84 to the electors of this state for approval or rejection at the
85 next general election, shall take effect upon approval by the
86 electors and shall operate retroactively to the beginning of the
87 2010-2011 school year.
88 BE IT FURTHER RESOLVED that the following statement be
89 placed on the ballot:
90 CONSTITUTIONAL AMENDMENT
91 ARTICLE IX, SECTION 1
92 ARTICLE XII, SECTION 31
93 REVISION OF THE CLASS SIZE REQUIREMENTS FOR PUBLIC
94 SCHOOLS.—Proposes amendment of the State Constitution to require
95 that the class size requirements for public schools shall remain
96 at the current limits but be based on the average number of
97 students at the school level, rather than on the maximum number
98 of students, who are assigned to each teacher who is teaching in
99 public school classrooms in specified grades. For public school
100 classrooms for prekindergarten through grade 3 and for grades 4
101 through 8, but not for grades 9 through 12, limits the maximum
102 number of students who may be assigned to each teacher in an
103 individual classroom. Deletes requirements for funding annual
104 reductions in class size to achieve the maximum class size
105 limits. Clarifies that these class size requirements apply by
106 the beginning of the 2010-2011 school year and for each school
107 year thereafter. Schedules these revisions to take effect upon
108 approval by the electors of this state and to operate
109 retroactively to the beginning of the 2010-2011 school year.