Bill Text: FL S0818 | 2015 | Regular Session | Comm Sub
Bill Title: Maximum Class Size
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0818 Detail]
Download: Florida-2015-S0818-Comm_Sub.html
Florida Senate - 2015 CS for SB 818 By the Committee on Appropriations; and Senator Garcia 576-03814-15 2015818c1 1 A bill to be entitled 2 An act relating to maximum class size; amending s. 3 1002.31, F.S.; deleting a provision relating to 4 compliance with maximum class size requirements for 5 certain public schools of choice; amending s. 1002.33, 6 F.S.; revising requirements for charter school 7 compliance with maximum class size requirements; 8 amending s. 1002.451, F.S.; revising requirements for 9 district innovation school of technology compliance 10 with maximum class size requirements; amending s. 11 1003.03, F.S.; calculating a school district’s class 12 size categorical allocation reduction at the school 13 average when maximum class size requirements are not 14 met; revising the calculation; providing for the 15 expenditure of funds; requiring a school district that 16 exceeds class size maximums to post its plan for 17 compliance on the district website and provide the 18 plan to the school advisory council of each 19 noncompliant school; authorizing a noncompliant school 20 to post the plan on its website; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (5) of section 1002.31, Florida 26 Statutes, is amended to read: 27 1002.31 Controlled open enrollment; public school parental 28 choice.— 29(5) For a school or program that is a public school of30choice under this section, the calculation for compliance with31maximum class size pursuant to s. 1003.03 is the average number32of students at the school level.33 Section 2. Paragraph (b) of subsection (16) of section 34 1002.33, Florida Statutes, is amended to read: 35 1002.33 Charter schools.— 36 (16) EXEMPTION FROM STATUTES.— 37 (b) Additionally, a charter school shall be in compliance 38 with the following statutes: 39 1. Section 286.011, relating to public meetings and 40 records, public inspection, and criminal and civil penalties. 41 2. Chapter 119, relating to public records. 42 3. Section 1003.03, relating to the maximum class size,43except that the calculation for compliance pursuant to s.441003.03 shall be the average at the school level. 45 4. Section 1012.22(1)(c), relating to compensation and 46 salary schedules. 47 5. Section 1012.33(5), relating to workforce reductions. 48 6. Section 1012.335, relating to contracts with 49 instructional personnel hired on or after July 1, 2011. 50 7. Section 1012.34, relating to the substantive 51 requirements for performance evaluations for instructional 52 personnel and school administrators. 53 Section 3. Paragraph (a) of subsection (5) of section 54 1002.451, Florida Statutes, is amended to read: 55 1002.451 District innovation school of technology program.— 56 (5) EXEMPTION FROM STATUTES.— 57 (a) An innovation school of technology is exempt from 58 chapters 1000-1013. However, an innovation school of technology 59 shall comply with the following provisions of those chapters: 60 1. Laws pertaining to the following: 61 a. Schools of technology, including this section. 62 b. Student assessment program and school grading system. 63 c. Services to students who have disabilities. 64 d. Civil rights, including s. 1000.05, relating to 65 discrimination. 66 e. Student health, safety, and welfare. 67 2. Laws governing the election and compensation of district 68 school board members and election or appointment and 69 compensation of district school superintendents. 70 3. Section 1003.03, governing maximum class size, except71that the calculation for compliance pursuant to s. 1003.03 is72the average at the school level. 73 4. Sections 1012.22(1)(c) and 1012.27(2), relating to 74 compensation and salary schedules. 75 5. Section 1012.33(5), relating to workforce reductions, 76 for annual contracts for instructional personnel. This 77 subparagraph does not apply to at-will employees. 78 6. Section 1012.335, relating to contracts with 79 instructional personnel hired on or after July 1, 2011, for 80 annual contracts for instructional personnel. This subparagraph 81 does not apply to at-will employees. 82 7. Section 1012.34, relating to requirements for 83 performance evaluations of instructional personnel and school 84 administrators. 85 Section 4. Subsection (4) of section 1003.03, Florida 86 Statutes, is amended to read: 87 1003.03 Maximum class size.— 88 (4) ACCOUNTABILITY.— 89 (a) If the department determines that the number of 90 students assigned to any individual class exceeds the class size 91 maximum, as required in subsection (1), based upon the October 92 student membership survey, the department shall: 93 1.Identify, for each grade group, the number of classes in94which the number of students exceeds the maximum and the total95number of students which exceeds the maximum for all classes.962.Determine the number of FTE students which exceeds the 97 maximum for each grade group calculated at the school average. 98 2.3.Multiply the total number of FTE students which 99 exceeds the maximum for each grade group calculated at the 100 school average by the district’s FTE dollar amount of the class 101 size categorical allocation for that year and calculate the 102 total for all three grade groups. 103 3.4.Multiply the total number of FTE students which 104 exceeds the maximum for all classes calculated at the school 105 average by an amount equal to 50 percent of the base student 106 allocation adjusted by the district cost differential foreach107of the 2010-2011 through 2013-2014 fiscal years and by an amount108equal to the base student allocation adjusted by the district109cost differential inthe 2014-2015 fiscal year and thereafter. 110 4.5.Reduce the district’s class size categorical 111 allocation by an amount equal to the sum of the calculations in 112 subparagraphs 2. and 3.and 4.113 (b) The amount of funds reduced shall be the lesser of the 114 amount calculated in paragraph (a) or the undistributed balance 115 of the district’s class size categorical allocation. The Florida 116 Education Finance Program Appropriation Allocation Conference 117 shall verify the department’s calculation in paragraph (a). The 118 commissioner may withhold distribution of the class size 119 categorical allocation to the extent necessary to comply with 120 paragraph (a). 121 (c) In lieu of the reduction calculation in paragraph (a), 122 if the Commissioner of Education has evidence that a district 123 was unable to meet the class size requirements despite 124 appropriate efforts to do so or because of an extreme emergency, 125 the commissioner may recommend by February 15, subject to 126 approval of the Legislative Budget Commission, the reduction of 127 an alternate amount of funds from the district’s class size 128 categorical allocation. 129 (d) Upon approval of the reduction calculation in 130 paragraphs (a)-(c), each district shall retain the calculated 131 reduction amount and expend the amount in the noncompliant 132 schools to comply with the requirements in subsection (1)the133commissioner must prepare a reallocation of the funds made134available for the districts that have fully met the class size135requirements.The funds shall be reallocated by calculating an136amount of up to 5 percent of the base student allocation137multiplied by the total district FTE students. The reallocation138total may not exceed 25 percent of the total funds reduced.139 (e) Each district that has not complied with the 140 requirements in subsection (1) shall submit to the commissioner 141 by February 1 a plan certified by the district school board that 142 describes the specific actions that the district will take in 143 order to fully comply with the requirements in subsection (1) by 144 October of the following school year. The plan shall be posted 145 on the district’s website and be provided to the school advisory 146 council of each noncompliant school. A noncompliant school may 147 post the plan on its websiteIf a district submits the certified148plan by the required deadline, the funds remaining after the149reallocation calculation in paragraph (d) shall be added back to150the district’s class size categorical allocation based on each151qualifying district’s proportion of the total reduction for all152qualifying districts for which a reduction was calculated in153paragraphs (a)-(c).However, no district shall have an amount154added back that is greater than the amount that was reduced.155(f) The department shall adjust school district class size156reduction categorical allocation distributions based on the157calculations in paragraphs (a)-(e).158 Section 5. This act shall take effect July 1, 2015.