Florida Senate - 2023                             CS for SB 1236
       
       
        
       By the Committee on Education Pre-K -12; and Senator Wright
       
       
       
       
       
       581-03089-23                                          20231236c1
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1003.03, F.S.; deleting a specified reduction
    4         calculation for certain school district funding for
    5         school districts that fail to meet certain class size
    6         requirements; conforming provisions to changes made by
    7         the act; amending s. 1003.05, F.S.; providing that
    8         certain dependent children of active duty military
    9         personnel must be enrolled in certain programs;
   10         authorizing certain students of military personnel to
   11         enroll in any school within this state under certain
   12         circumstances; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (4) of section 1003.03, Florida
   17  Statutes, is amended to read:
   18         1003.03 Maximum class size.—
   19         (4) ACCOUNTABILITY.—
   20         (a)If the department determines that the number of
   21  students assigned to any individual class exceeds the class size
   22  maximum, as required in subsection (1), based upon the October
   23  student membership survey, the department shall:
   24         1.Identify, for each grade group, the number of classes in
   25  which the number of students exceeds the maximum and the total
   26  number of students which exceeds the maximum for all classes.
   27         2.Determine the number of FTE students which exceeds the
   28  maximum for each grade group.
   29         3.Multiply the total number of FTE students which exceeds
   30  the maximum for each grade group by the district’s FTE dollar
   31  amount of the class size categorical allocation for that year
   32  and calculate the total for all three grade groups.
   33         4.Multiply the total number of FTE students which exceeds
   34  the maximum for all classes by an amount equal to 50 percent of
   35  the base student allocation adjusted by the district cost
   36  differential for each of the 2010-2011 through 2013-2014 fiscal
   37  years and by an amount equal to the base student allocation
   38  adjusted by the district cost differential in the 2014-2015
   39  fiscal year and thereafter.
   40         5.Reduce the district’s class size categorical allocation
   41  by an amount equal to the sum of the calculations in
   42  subparagraphs 3. and 4.
   43         (b)The amount of funds reduced shall be the lesser of the
   44  amount calculated in paragraph (a) or the undistributed balance
   45  of the district’s class size categorical allocation. The Florida
   46  Education Finance Program Appropriation Allocation Conference
   47  shall verify the department’s calculation in paragraph (a). The
   48  commissioner may withhold distribution of the class size
   49  categorical allocation to the extent necessary to comply with
   50  paragraph (a).
   51         (c)In lieu of the reduction calculation in paragraph (a),
   52  if the Commissioner of Education has evidence that a district
   53  was unable to meet the class size requirements despite
   54  appropriate efforts to do so or because of an extreme emergency,
   55  the commissioner may recommend by February 15, subject to
   56  approval of the Legislative Budget Commission, the reduction of
   57  an alternate amount of funds from the district’s class size
   58  categorical allocation.
   59         (d)Upon approval of the reduction calculation in
   60  paragraphs (a)-(c), the commissioner must prepare a reallocation
   61  of the funds made available for the districts that have fully
   62  met the class size requirements. The funds shall be reallocated
   63  by calculating an amount of up to 5 percent of the base student
   64  allocation multiplied by the total district FTE students. The
   65  reallocation total may not exceed 25 percent of the total funds
   66  reduced.
   67         (e) Each district that has not complied with the
   68  requirements in subsection (1), based on the October student
   69  membership survey, shall submit to the commissioner by February
   70  1 a plan certified by the district school board that describes
   71  the specific actions the district will take in order to fully
   72  comply with the requirements in subsection (1) by October of the
   73  following school year. If a district submits the certified plan
   74  by the required deadline, the funds remaining after the
   75  reallocation calculation in paragraph (d) shall be added back to
   76  the district’s class size categorical allocation based on each
   77  qualifying district’s proportion of the total reduction for all
   78  qualifying districts for which a reduction was calculated in
   79  paragraphs (a)-(c). However, no district shall have an amount
   80  added back that is greater than the amount that was reduced.
   81         (f)The department shall adjust school district class size
   82  reduction categorical allocation distributions based on the
   83  calculations in paragraphs (a)-(e).
   84         Section 2. Subsections (3) and (4) of section 1003.05,
   85  Florida Statutes, are amended to read:
   86         1003.05 Assistance to transitioning students from military
   87  families.—
   88         (3)(a) Dependent children of active duty military personnel
   89  who otherwise meet the eligibility criteria for special academic
   90  programs offered through public schools:
   91         1. Shall be given first preference for admission to such
   92  programs even if the program is being offered through a public
   93  school other than the school to which the student would
   94  generally be assigned.
   95         2.Must be enrolled in such programs if the student’s
   96  parent is transferred to the state during the school year.
   97         (b) If such a program is offered through a public school
   98  other than the school to which the student would generally be
   99  assigned, the parent or guardian of the student must assume
  100  responsibility for transporting the student to that school. For
  101  purposes of this subsection, special academic programs include
  102  magnet schools, advanced studies programs, advanced placement,
  103  dual enrollment, Advanced International Certificate of
  104  Education, and International Baccalaureate.
  105         (4) A student whose parent is transferred or is pending
  106  transfer to a military installation within the state while on
  107  active military duty pursuant to an official military order
  108  shall be considered a resident of the school district for
  109  purposes of enrollment when the order is submitted to the school
  110  district and shall be provided preferential treatment in the
  111  controlled open enrollment process of the school district
  112  pursuant to s. 1002.31. A student whose parent is transferred
  113  within this state after the controlled open enrollment window
  114  may enroll in any school within this state.
  115         Section 3. This act shall take effect July 1, 2023.