Florida Senate - 2011 SB 776 By Senator Diaz de la Portilla 36-01609-11 2011776__ 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 of16students assigned to any individual class exceeds the class size17maximum, as required in subsection (1), based upon the October18student membership survey, the department shall:191. Identify, for each grade group, the number of classes in20which the number of students exceeds the maximum and the total21number of students which exceeds the maximum for all classes.222. Determine the number of FTE students which exceeds the23maximum for each grade group.243. Multiply the total number of FTE students which exceeds25the maximum for each grade group by the district’s FTE dollar26amount of the class size categorical allocation for that year27and calculate the total for all three grade groups.284. Multiply the total number of FTE students which exceeds29the maximum for all classes by an amount equal to 50 percent of30the base student allocation adjusted by the district cost31differential for the 2010-2011 fiscal year and by an amount32equal to the base student allocation adjusted by the district33cost differential beginning in the 2011-2012 fiscal year and34thereafter.355. Reduce the district’s class size categorical allocation36by an amount equal to the sum of the calculations in37subparagraphs 3. and 4.38(b) The amount of funds reduced shall be the lesser of the39amount calculated in paragraph (a) or the undistributed balance40of the district’s class size categorical allocation. The Florida41Education Finance Program Appropriation Allocation Conference42shall verify the department’s calculation in paragraph (a). The43commissioner may withhold distribution of the class size44categorical allocation to the extent necessary to comply with45paragraph (a).46(c) In lieu of the reduction calculation in paragraph (a),47if the Commissioner of Education has evidence that a district48was unable to meet the class size requirements despite49appropriate efforts to do so or because of an extreme emergency,50the commissioner may recommend by February 15, subject to51approval of the Legislative Budget Commission, the reduction of52an alternate amount of funds from the district’s class size53categorical allocation.54(d) Upon approval of the reduction calculation in55paragraphs (a)-(c), the commissioner must prepare a reallocation56of the funds made available for the districts that have fully57met the class size requirements. The funds shall be reallocated58by calculating an amount of up to 5 percent of the base student59allocation multiplied by the total district FTE students. The60reallocation total may not exceed 25 percent of the total funds61reduced.62(e) Each district that has not complied with the63requirements in subsection (1) shall submit to the commissioner64by February 15 a plan certified by the district school board65that describes the specific actions the district will take in66order to fully comply with the requirements in subsection (1) by67October of the following school year. If a district submits the68certified plan by the required deadline, the funds remaining69after the reallocation calculation in paragraph (d) shall be70added back to the district’s class size categorical allocation71based on each qualifying district’s proportion of the total72reduction for all qualifying districts for which a reduction was73calculated in paragraphs (a)-(c). However, no district shall74have an amount added back that is greater than the amount that75was reduced.76(f) The department shall adjust school district class size77reduction categorical allocation distributions based on the78calculations in paragraphs (a)-(e).79 Section 2. This act shall take effect July 1, 2011.