HB 4141

1	A bill to be entitled
2	An act relating to public school class size maximums;
3	amending s. 1003.03, F.S.; deleting provisions which
4	impose financial penalties, and provide calculations
5	therefor, on school districts that do not meet maximum
6	class size requirements; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (5) of section 1003.03, Florida
11	Statutes, is renumbered as subsection (4) and present subsection
12	(4) of that section is amended to read:
13	1003.03  Maximum class size.-
14	(4)  ACCOUNTABILITY.-
15	(a)  If the department determines that the number of
16	students assigned to any individual class exceeds the class size
17	maximum, as required in subsection (1), based upon the October
18	student membership survey, the department shall:
19	1.  Identify, for each grade group, the number of classes
20	in which the number of students exceeds the maximum and the
21	total number of students which exceeds the maximum for all
22	classes.
23	2.  Determine the number of FTE students which exceeds the
24	maximum for each grade group.
25	3.  Multiply the total number of FTE students which exceeds
26	the maximum for each grade group by the district's FTE dollar
27	amount of the class size categorical allocation for that year
28	and calculate the total for all three grade groups.
29	4.  Multiply the total number of FTE students which exceeds
30	the maximum for all classes by an amount equal to 50 percent of
31	the base student allocation adjusted by the district cost
32	differential for the 2010-2011 fiscal year and by an amount
33	equal to the base student allocation adjusted by the district
34	cost differential beginning in the 2011-2012 fiscal year and
35	thereafter.
36	5.  Reduce the district's class size categorical allocation
37	by an amount equal to the sum of the calculations in
38	subparagraphs 3. and 4.
39	(b)  The amount of funds reduced shall be the lesser of the
40	amount calculated in paragraph (a) or the undistributed balance
41	of the district's class size categorical allocation. The Florida
42	Education Finance Program Appropriation Allocation Conference
43	shall verify the department's calculation in paragraph (a). The
44	commissioner may withhold distribution of the class size
45	categorical allocation to the extent necessary to comply with
46	paragraph (a).
47	(c)  In lieu of the reduction calculation in paragraph (a),
48	if the Commissioner of Education has evidence that a district
49	was unable to meet the class size requirements despite
50	appropriate efforts to do so or because of an extreme emergency,
51	the commissioner may recommend by February 15, subject to
52	approval of the Legislative Budget Commission, the reduction of
53	an alternate amount of funds from the district's class size
54	categorical allocation.
55	(d)  Upon approval of the reduction calculation in
56	paragraphs (a)-(c), the commissioner must prepare a reallocation
57	of the funds made available for the districts that have fully
58	met the class size requirements. The funds shall be reallocated
59	by calculating an amount of up to 5 percent of the base student
60	allocation multiplied by the total district FTE students. The
61	reallocation total may not exceed 25 percent of the total funds
62	reduced.
63	(e)  Each district that has not complied with the
64	requirements in subsection (1) shall submit to the commissioner
65	by February 15 a plan certified by the district school board
66	that describes the specific actions the district will take in
67	order to fully comply with the requirements in subsection (1) by
68	October of the following school year. If a district submits the
69	certified plan by the required deadline, the funds remaining
70	after the reallocation calculation in paragraph (d) shall be
71	added back to the district's class size categorical allocation
72	based on each qualifying district's proportion of the total
73	reduction for all qualifying districts for which a reduction was
74	calculated in paragraphs (a)-(c). However, no district shall
75	have an amount added back that is greater than the amount that
76	was reduced.
77	(f)  The department shall adjust school district class size
78	reduction categorical allocation distributions based on the
79	calculations in paragraphs (a)-(e).
80	Section 2.  This act shall take effect July 1, 2011.

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