Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. PCS (164078) for SB 818
Senate . House
Comm: RCS .
The Committee on Appropriations (Garcia) recommended the
1 Senate Amendment (with title amendment)
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
(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
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
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.
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.