Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1236
       
       
       
       
       
       
                                Ì219758YÎ219758                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2023           .                                
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       The Committee on Education Pre-K -12 (Wright) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 1003.03, Florida
    6  Statutes, is amended to read:
    7         1003.03 Maximum class size.—
    8         (4) ACCOUNTABILITY.—
    9         (a)If the department determines that the number of
   10  students assigned to any individual class exceeds the class size
   11  maximum, as required in subsection (1), based upon the October
   12  student membership survey, the department shall:
   13         1.Identify, for each grade group, the number of classes in
   14  which the number of students exceeds the maximum and the total
   15  number of students which exceeds the maximum for all classes.
   16         2.Determine the number of FTE students which exceeds the
   17  maximum for each grade group.
   18         3.Multiply the total number of FTE students which exceeds
   19  the maximum for each grade group by the district’s FTE dollar
   20  amount of the class size categorical allocation for that year
   21  and calculate the total for all three grade groups.
   22         4.Multiply the total number of FTE students which exceeds
   23  the maximum for all classes by an amount equal to 50 percent of
   24  the base student allocation adjusted by the district cost
   25  differential for each of the 2010-2011 through 2013-2014 fiscal
   26  years and by an amount equal to the base student allocation
   27  adjusted by the district cost differential in the 2014-2015
   28  fiscal year and thereafter.
   29         5.Reduce the district’s class size categorical allocation
   30  by an amount equal to the sum of the calculations in
   31  subparagraphs 3. and 4.
   32         (b)The amount of funds reduced shall be the lesser of the
   33  amount calculated in paragraph (a) or the undistributed balance
   34  of the district’s class size categorical allocation. The Florida
   35  Education Finance Program Appropriation Allocation Conference
   36  shall verify the department’s calculation in paragraph (a). The
   37  commissioner may withhold distribution of the class size
   38  categorical allocation to the extent necessary to comply with
   39  paragraph (a).
   40         (c)In lieu of the reduction calculation in paragraph (a),
   41  if the Commissioner of Education has evidence that a district
   42  was unable to meet the class size requirements despite
   43  appropriate efforts to do so or because of an extreme emergency,
   44  the commissioner may recommend by February 15, subject to
   45  approval of the Legislative Budget Commission, the reduction of
   46  an alternate amount of funds from the district’s class size
   47  categorical allocation.
   48         (d)Upon approval of the reduction calculation in
   49  paragraphs (a)-(c), the commissioner must prepare a reallocation
   50  of the funds made available for the districts that have fully
   51  met the class size requirements. The funds shall be reallocated
   52  by calculating an amount of up to 5 percent of the base student
   53  allocation multiplied by the total district FTE students. The
   54  reallocation total may not exceed 25 percent of the total funds
   55  reduced.
   56         (e) Each district that has not complied with the
   57  requirements in subsection (1), based on the October student
   58  membership survey, shall submit to the commissioner by February
   59  1 a plan certified by the district school board that describes
   60  the specific actions the district will take in order to fully
   61  comply with the requirements in subsection (1) by October of the
   62  following school year. If a district submits the certified plan
   63  by the required deadline, the funds remaining after the
   64  reallocation calculation in paragraph (d) shall be added back to
   65  the district’s class size categorical allocation based on each
   66  qualifying district’s proportion of the total reduction for all
   67  qualifying districts for which a reduction was calculated in
   68  paragraphs (a)-(c). However, no district shall have an amount
   69  added back that is greater than the amount that was reduced.
   70         (f)The department shall adjust school district class size
   71  reduction categorical allocation distributions based on the
   72  calculations in paragraphs (a)-(e).
   73         Section 2. Subsections (3) and (4) of section 1003.05,
   74  Florida Statutes, are amended to read:
   75         1003.05 Assistance to transitioning students from military
   76  families.—
   77         (3)(a) Dependent children of active duty military personnel
   78  who otherwise meet the eligibility criteria for special academic
   79  programs offered through public schools:
   80         1. Shall be given first preference for admission to such
   81  programs even if the program is being offered through a public
   82  school other than the school to which the student would
   83  generally be assigned.
   84         2.Must be enrolled in such programs if the student’s
   85  parent is transferred to the state during the school year.
   86         (b) If such a program is offered through a public school
   87  other than the school to which the student would generally be
   88  assigned, the parent or guardian of the student must assume
   89  responsibility for transporting the student to that school. For
   90  purposes of this subsection, special academic programs include
   91  magnet schools, advanced studies programs, advanced placement,
   92  dual enrollment, Advanced International Certificate of
   93  Education, and International Baccalaureate.
   94         (4) A student whose parent is transferred or is pending
   95  transfer to a military installation within the state while on
   96  active military duty pursuant to an official military order
   97  shall be considered a resident of the school district for
   98  purposes of enrollment when the order is submitted to the school
   99  district and shall be provided preferential treatment in the
  100  controlled open enrollment process of the school district
  101  pursuant to s. 1002.31. A student whose parent is transferred
  102  within this state after the controlled open enrollment window
  103  may enroll in any school within this state.
  104         Section 3. This act shall take effect July 1, 2023.
  105  
  106  ================= T I T L E  A M E N D M E N T ================
  107  And the title is amended as follows:
  108         Delete everything before the enacting clause
  109  and insert:
  110                        A bill to be entitled                      
  111         An act relating to K-12 education; amending s.
  112         1003.03, F.S.; deleting a specified reduction
  113         calculation for certain school district funding for
  114         school districts that fail to meet certain class size
  115         requirements; conforming provisions to changes made by
  116         the act; amending s. 1003.05, F.S.; providing that
  117         certain dependent children of active duty military
  118         personnel must be enrolled in certain programs;
  119         authorizing certain students of military personnel to
  120         enroll in any school within this state under certain
  121         circumstances; providing an effective date.