Florida Senate - 2011                             CS for SB 1466
       
       
       
       By the Committee on Budget; and Senator Simmons
       
       
       
       
       576-04633-11                                          20111466c1
    1                        A bill to be entitled                      
    2         An act relating to class size requirements; amending
    3         s. 1003.01, F.S.; redefining the terms “core-curricula
    4         courses” and “extracurricular courses”; amending s.
    5         1003.03, F.S.; deleting a reference to the State
    6         Constitution regarding class size maximums; requiring
    7         that class size maximums be satisfied on or before the
    8         October student membership survey each year; requiring
    9         that the class size maximums be maintained after the
   10         October student membership survey unless certain
   11         conditions occur; providing that a student who enrolls
   12         in a school after the October student membership
   13         survey may be assigned to classes that temporarily
   14         exceed class size maximums if the school board
   15         determines that not assigning the student would be
   16         impractical, educationally unsound, or disruptive to
   17         student learning; providing for a specified number of
   18         students to be assigned above the maximum if the
   19         district school board makes this determination;
   20         requiring that the district school board develop a
   21         plan providing that the school will be in full
   22         compliance with the maximum class size requirements by
   23         the next October student membership survey; requiring
   24         that the Department of Education identify from the
   25         Course Code Directory the core-curricula courses for
   26         the purpose of satisfying the maximum class size
   27         requirement; authorizing the department to adopt
   28         rules; amending s. 1011.685, F.S.; revising provisions
   29         relating to class size reduction operational
   30         categorical funds; authorizing a school district that
   31         meets the maximum class size requirement to use the
   32         funds for any lawful operating expenditure; providing
   33         an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsections (14) and (15) of section 1003.01,
   38  Florida Statutes, are amended to read:
   39         1003.01 Definitions.—As used in this chapter, the term:
   40         (14) “Core-curricula courses” means:
   41         (a) Courses in language arts/reading, mathematics, social
   42  studies, and science in prekindergarten through grade 3;
   43         (b) Courses in grades 4 through 8 in subjects that are
   44  measured by state assessment at any grade level and courses
   45  required for middle school promotion;
   46         (c) Courses in grades 9 through 12 in subjects that are
   47  measured by state assessment at any grade level and courses that
   48  are specifically identified by name in statute as required for
   49  high school graduation and that are not measured by state
   50  assessment, excluding any extracurricular courses pursuant to
   51  subsection (15);
   52         (d) Exceptional student education courses; and
   53         (e) English for Speakers of Other Languages courses.
   54  courses defined by the Department of Education as mathematics,
   55  language arts/reading, science, social studies, foreign
   56  language, English for Speakers of Other Languages, exceptional
   57  student education, and courses taught in traditional self
   58  contained elementary school classrooms.
   59  
   60  The term is limited in meaning and used for the sole purpose of
   61  designating classes that are subject to the maximum class size
   62  requirements established in s. 1, Art. IX of the State
   63  Constitution. This term does not include courses offered under
   64  ss. 1002.37, 1002.415, and 1002.45.
   65         (15) “Extracurricular courses” means all courses that are
   66  not defined as “core-curricula courses,” which may include, but
   67  are not limited to, physical education, fine arts, performing
   68  fine arts, and career education, and courses that may result in
   69  college credit. The term is limited in meaning and used for the
   70  sole purpose of designating classes that are not subject to the
   71  maximum class size requirements established in s. 1, Art. IX of
   72  the State Constitution.
   73         Section 2. Subsections (1) and (2) of section 1003.03,
   74  Florida Statutes, are amended, and subsection (6) is added to
   75  that section, to read:
   76         1003.03 Maximum class size.—
   77         (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Each year, on or
   78  before the October student membership survey, the following
   79  class size maximums shall be satisfied Pursuant to s. 1, Art. IX
   80  of the State Constitution, beginning in the 2010-2011 school
   81  year:
   82         (a) The maximum number of students assigned to each teacher
   83  who is teaching core-curricula courses in public school
   84  classrooms for prekindergarten through grade 3 may not exceed 18
   85  students.
   86         (b) The maximum number of students assigned to each teacher
   87  who is teaching core-curricula courses in public school
   88  classrooms for grades 4 through 8 may not exceed 22 students.
   89  The maximum number of students assigned to a core-curricula high
   90  school course in which a student in grades 4 through 8 is
   91  enrolled shall be governed by the requirements in paragraph (c).
   92         (c) The maximum number of students assigned to each teacher
   93  who is teaching core-curricula courses in public school
   94  classrooms for grades 9 through 12 may not exceed 25 students.
   95  
   96  These maximums shall be maintained after the October student
   97  membership survey, except as provided in paragraph (2)(b) or due
   98  to an extreme emergency beyond the control of the district
   99  school board.
  100         (2) IMPLEMENTATION.—
  101         (a) The Department of Education shall annually calculate
  102  class size measures described in subsection (1) based upon the
  103  October student membership survey.
  104         (b) A student who enrolls in a school after the October
  105  student membership survey may be assigned to an existing class
  106  that temporarily exceeds the maximum number of students in
  107  subsection (1) if the district school board determines it to be
  108  impractical, educationally unsound, or disruptive to student
  109  learning to not assign the student to the class. If the district
  110  school board makes this determination:
  111         1. Up to three students may be assigned to a teacher in
  112  kindergarten through grade 3 above the maximum as provided in
  113  paragraph (1)(a);
  114         2. Up to five students may be assigned to a teacher in
  115  grades 4 through 12 above the maximum as provided in paragraphs
  116  (1)(b) and (1)(c), respectively; and
  117         3. The district school board shall develop a plan that
  118  provides that the school will be in full compliance with the
  119  maximum class size in subsection (1) by the next October student
  120  membership survey.
  121         (b) Prior to the adoption of the district school budget for
  122  2010-2011, each district school board shall hold public hearings
  123  and provide information to parents on the district’s website,
  124  and through any other means by which the district provides
  125  information to parents and the public, on the district’s
  126  strategies to meet the requirements in subsection (1).
  127         (6) COURSES FOR COMPLIANCE.—Consistent with the provisions
  128  in ss. 1003.01(14) and 1003.428, the Department of Education
  129  shall identify from the Course Code Directory the core-curricula
  130  courses for the purpose of satisfying the maximum class size
  131  requirement in this section. The department may adopt rules to
  132  implement this subsection, if necessary.
  133         Section 3. Subsection (2) of section 1011.685, Florida
  134  Statutes, is amended to read:
  135         1011.685 Class size reduction; operating categorical fund.—
  136         (2) Class size reduction operating categorical funds shall
  137  be used by school districts to reduce class size as required in
  138  s. 1003.03. A school district that meets the maximum class size
  139  requirement may use the funds, or the funds may be used for any
  140  lawful operating expenditure; however, priority shall be given
  141  to increasing salaries of classroom teachers.
  142         Section 4. This act shall take effect July 1, 2011.