HB 4135

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

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