Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (164078) for SB 818
       
       
       
       
       
       
                                Ì3481181Î348118                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2015           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 1002.31, Florida
    6  Statutes, is amended to read:
    7         1002.31 Controlled open enrollment; public school parental
    8  choice.—
    9         (5) For a school or program that is a public school of
   10  choice under this section, the calculation for compliance with
   11  maximum class size pursuant to s. 1003.03 is the average number
   12  of students at the school level.
   13         Section 2. Paragraph (b) of subsection (16) of section
   14  1002.33, Florida Statutes, is amended to read:
   15         1002.33 Charter schools.—
   16         (16) EXEMPTION FROM STATUTES.—
   17         (b) Additionally, a charter school shall be in compliance
   18  with the following statutes:
   19         1. Section 286.011, relating to public meetings and
   20  records, public inspection, and criminal and civil penalties.
   21         2. Chapter 119, relating to public records.
   22         3. Section 1003.03, relating to the maximum class size,
   23  except that the calculation for compliance pursuant to s.
   24  1003.03 shall be the average at the school level.
   25         4. Section 1012.22(1)(c), relating to compensation and
   26  salary schedules.
   27         5. Section 1012.33(5), relating to workforce reductions.
   28         6. Section 1012.335, relating to contracts with
   29  instructional personnel hired on or after July 1, 2011.
   30         7. Section 1012.34, relating to the substantive
   31  requirements for performance evaluations for instructional
   32  personnel and school administrators.
   33         Section 3. Paragraph (a) of subsection (5) of section
   34  1002.451, Florida Statutes, is amended to read:
   35         1002.451 District innovation school of technology program.—
   36         (5) EXEMPTION FROM STATUTES.—
   37         (a) An innovation school of technology is exempt from
   38  chapters 1000-1013. However, an innovation school of technology
   39  shall comply with the following provisions of those chapters:
   40         1. Laws pertaining to the following:
   41         a. Schools of technology, including this section.
   42         b. Student assessment program and school grading system.
   43         c. Services to students who have disabilities.
   44         d. Civil rights, including s. 1000.05, relating to
   45  discrimination.
   46         e. Student health, safety, and welfare.
   47         2. Laws governing the election and compensation of district
   48  school board members and election or appointment and
   49  compensation of district school superintendents.
   50         3. Section 1003.03, governing maximum class size, except
   51  that the calculation for compliance pursuant to s. 1003.03 is
   52  the average at the school level.
   53         4. Sections 1012.22(1)(c) and 1012.27(2), relating to
   54  compensation and salary schedules.
   55         5. Section 1012.33(5), relating to workforce reductions,
   56  for annual contracts for instructional personnel. This
   57  subparagraph does not apply to at-will employees.
   58         6. Section 1012.335, relating to contracts with
   59  instructional personnel hired on or after July 1, 2011, for
   60  annual contracts for instructional personnel. This subparagraph
   61  does not apply to at-will employees.
   62         7. Section 1012.34, relating to requirements for
   63  performance evaluations of instructional personnel and school
   64  administrators.
   65         Section 4. Subsection (4) of section 1003.03, Florida
   66  Statutes, is amended to read:
   67         1003.03 Maximum class size.—
   68         (4) ACCOUNTABILITY.—
   69         (a) If the department determines that the number of
   70  students assigned to any individual class exceeds the class size
   71  maximum, as required in subsection (1), based upon the October
   72  student membership survey, the department shall:
   73         1. Identify, for each grade group, the number of classes in
   74  which the number of students exceeds the maximum and the total
   75  number of students which exceeds the maximum for all classes.
   76         2. Determine the number of FTE students which exceeds the
   77  maximum for each grade group calculated at the school average.
   78         2.3. Multiply the total number of FTE students which
   79  exceeds the maximum for each grade group calculated at the
   80  school average by the district’s FTE dollar amount of the class
   81  size categorical allocation for that year and calculate the
   82  total for all three grade groups.
   83         3.4. Multiply the total number of FTE students which
   84  exceeds the maximum for all classes calculated at the school
   85  average by an amount equal to 50 percent of the base student
   86  allocation adjusted by the district cost differential for each
   87  of the 2010-2011 through 2013-2014 fiscal years and by an amount
   88  equal to the base student allocation adjusted by the district
   89  cost differential in the 2014-2015 fiscal year and thereafter.
   90         4.5. Reduce the district’s class size categorical
   91  allocation by an amount equal to the sum of the calculations in
   92  subparagraphs 2. and 3. and 4.
   93         (b) The amount of funds reduced shall be the lesser of the
   94  amount calculated in paragraph (a) or the undistributed balance
   95  of the district’s class size categorical allocation. The Florida
   96  Education Finance Program Appropriation Allocation Conference
   97  shall verify the department’s calculation in paragraph (a). The
   98  commissioner may withhold distribution of the class size
   99  categorical allocation to the extent necessary to comply with
  100  paragraph (a).
  101         (c) In lieu of the reduction calculation in paragraph (a),
  102  if the Commissioner of Education has evidence that a district
  103  was unable to meet the class size requirements despite
  104  appropriate efforts to do so or because of an extreme emergency,
  105  the commissioner may recommend by February 15, subject to
  106  approval of the Legislative Budget Commission, the reduction of
  107  an alternate amount of funds from the district’s class size
  108  categorical allocation.
  109         (d) Upon approval of the reduction calculation in
  110  paragraphs (a)-(c), each district shall retain the calculated
  111  reduction amount and expend the amount in the noncompliant
  112  schools to comply with the requirements in subsection (1) the
  113  commissioner must prepare a reallocation of the funds made
  114  available for the districts that have fully met the class size
  115  requirements. The funds shall be reallocated by calculating an
  116  amount of up to 5 percent of the base student allocation
  117  multiplied by the total district FTE students. The reallocation
  118  total may not exceed 25 percent of the total funds reduced.
  119         (e) Each district that has not complied with the
  120  requirements in subsection (1) shall submit to the commissioner
  121  by February 1 a plan certified by the district school board that
  122  describes the specific actions that the district will take in
  123  order to fully comply with the requirements in subsection (1) by
  124  October of the following school year. The plan shall be posted
  125  on the district’s website and be provided to the school advisory
  126  council of each noncompliant school. A noncompliant school may
  127  post the plan on its website If a district submits the certified
  128  plan by the required deadline, the funds remaining after the
  129  reallocation calculation in paragraph (d) shall be added back to
  130  the district’s class size categorical allocation based on each
  131  qualifying district’s proportion of the total reduction for all
  132  qualifying districts for which a reduction was calculated in
  133  paragraphs (a)-(c). However, no district shall have an amount
  134  added back that is greater than the amount that was reduced.
  135         (f) The department shall adjust school district class size
  136  reduction categorical allocation distributions based on the
  137  calculations in paragraphs (a)-(e).
  138         Section 5. This act shall take effect July 1, 2015.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141  And the title is amended as follows:
  142         Delete everything before the enacting clause
  143  and insert:
  144                        A bill to be entitled                      
  145         An act relating to maximum class size; amending s.
  146         1002.31, F.S.; deleting a provision relating to
  147         compliance with maximum class size requirements for
  148         certain public schools of choice; amending s. 1002.33,
  149         F.S.; revising requirements for charter school
  150         compliance with maximum class size requirements;
  151         amending s. 1002.451, F.S.; revising requirements for
  152         district innovation school of technology compliance
  153         with maximum class size requirements; amending s.
  154         1003.03, F.S.; calculating a school district’s class
  155         size categorical allocation reduction at the school
  156         average when maximum class size requirements are not
  157         met; revising the calculation; providing for the
  158         expenditure of funds; requiring a school district that
  159         exceeds class size maximums to post its plan for
  160         compliance on the district website and provide the
  161         plan to the school advisory council of each
  162         noncompliant school; authorizing a noncompliant school
  163         to post the plan on its website; providing an
  164         effective date.