Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 1394
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senators Montford, Garcia, and Bean moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 32 and 33
    4  insert:
    5         Section 2. Subsection (4) of section 1003.03, Florida
    6  Statutes, is amended to read:
    7         1003.03 Maximum class size.—
    8         (4) ACCOUNTABILITY.—
    9         (a)The department shall annually determine whether the
   10  number of students assigned to each individual classroom exceeds
   11  the class size maximums, as required in subsection (1), based
   12  upon the October student membership survey.
   13         (b)(a) If the department determines that the number of
   14  students assigned to any classroom individual class exceeds the
   15  class size maximum, as required in subsection (1), based upon
   16  the October student membership survey, the department shall:
   17         1. Identify, for each grade group, the number of classrooms
   18  classes in which the number of students exceeds the maximum and
   19  the total number of students which exceeds the maximum for all
   20  classrooms classes.
   21         2. Determine the number of FTE students which exceeds the
   22  maximum for each grade group.
   23         3. Multiply the total number of FTE students which exceeds
   24  the maximum for each grade group by the district’s FTE dollar
   25  amount of the class size categorical allocation for that year
   26  and calculate the total for all three grade groups.
   27         4. Multiply the total number of FTE students which exceeds
   28  the maximum for all classes by an amount equal to 50 percent of
   29  the base student allocation adjusted by the district cost
   30  differential for each of the 2010-2011 through 2013-2014 fiscal
   31  years and by an amount equal to the base student allocation
   32  adjusted by the district cost differential in the 2014-2015
   33  fiscal year and thereafter.
   34         5. Reduce the district’s class size categorical allocation
   35  by an amount equal to the sum of the calculations in
   36  subparagraphs 3. and 4.
   37         (c)(b)The amount of funds reduced shall be the lesser of
   38  the amount calculated in paragraph (a) or the undistributed
   39  balance of the district’s class size categorical allocation. The
   40  Florida Education Finance Program Appropriation Allocation
   41  Conference shall verify the department’s calculation in
   42  paragraph (b) (a). The commissioner may withhold distribution of
   43  the class size categorical allocation to the extent necessary to
   44  comply with paragraph (a).
   45         (d)(c)In lieu of the reduction calculation in paragraph
   46  (a), If the Commissioner of Education has evidence that a
   47  district was unable to meet the class size requirements despite
   48  appropriate efforts to do so or because of an extreme emergency,
   49  the commissioner may recommend by February 15, subject to
   50  approval of the Legislative Budget Commission, the reduction of
   51  an alternate calculation of amount of funds from the district’s
   52  class size categorical allocation.
   53         (e)(d) Upon approval of the alternate reduction calculation
   54  in paragraphs (b)-(d) (a)-(c), the funds shall be expended on
   55  the lowest performing elementary schools based on the state
   56  reading assessment for which an additional hour of instruction
   57  is required pursuant to s. 1011.62 (1)(f)2. or (9)(a). Any
   58  remaining funds shall be expended pursuant to the remaining
   59  provisions of s. 1011.62(1)(f) commissioner must prepare a
   60  reallocation of the funds made available for the districts that
   61  have fully met the class size requirements. The funds shall be
   62  reallocated by calculating an amount of up to 5 percent of the
   63  base student allocation multiplied by the total district FTE
   64  students. The reallocation total may not exceed 25 percent of
   65  the total funds reduced.
   66         (f)(e) Each district that has not complied with the
   67  requirements in subsection (1) shall submit to the commissioner
   68  by February 1 a plan certified by the district school board that
   69  describes the specific actions the district will take in order
   70  to fully comply with the requirements in subsection (1) by
   71  October of the following school year. If a district submits the
   72  certified plan by the required deadline, the funds remaining
   73  after the reallocation calculation in paragraph (d) shall be
   74  added back to the district’s class size categorical allocation
   75  based on each qualifying district’s proportion of the total
   76  reduction for all qualifying districts for which a reduction was
   77  calculated in paragraphs (a)-(c). However, no district shall
   78  have an amount added back that is greater than the amount that
   79  was reduced.
   80         (f) The department shall adjust school district class size
   81  reduction categorical allocation distributions based on the
   82  calculations in paragraphs (a)-(e).
   84  ================= T I T L E  A M E N D M E N T ================
   85  And the title is amended as follows:
   86         Between lines 4 and 5
   87  insert:
   88         s. 1003.03, F.S.; revising accountability requirements
   89         for maximum class size calculations; amending