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 of
   30  choice under this section, the calculation for compliance with
   31  maximum class size pursuant to s. 1003.03 is the average number
   32  of 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,
   43  except that the calculation for compliance pursuant to s.
   44  1003.03 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, except
   71  that the calculation for compliance pursuant to s. 1003.03 is
   72  the 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 in
   94  which the number of students exceeds the maximum and the total
   95  number of students which exceeds the maximum for all classes.
   96         2. 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 for each
  107  of the 2010-2011 through 2013-2014 fiscal years and by an amount
  108  equal to the base student allocation adjusted by the district
  109  cost differential in the 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) the
  133  commissioner must prepare a reallocation of the funds made
  134  available for the districts that have fully met the class size
  135  requirements. The funds shall be reallocated by calculating an
  136  amount of up to 5 percent of the base student allocation
  137  multiplied by the total district FTE students. The reallocation
  138  total 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 website If a district submits the certified
  148  plan by the required deadline, the funds remaining after the
  149  reallocation calculation in paragraph (d) shall be added back to
  150  the district’s class size categorical allocation based on each
  151  qualifying district’s proportion of the total reduction for all
  152  qualifying districts for which a reduction was calculated in
  153  paragraphs (a)-(c). However, no district shall have an amount
  154  added back that is greater than the amount that was reduced.
  155         (f) The department shall adjust school district class size
  156  reduction categorical allocation distributions based on the
  157  calculations in paragraphs (a)-(e).
  158         Section 5. This act shall take effect July 1, 2015.