Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 818
       
       
       
       
       
                               Ì164078AÎ164078                          
       
       576-02322-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to maximum class size; amending s.
    3         1002.33, F.S.; revising requirements for charter
    4         school compliance with maximum class size
    5         requirements; amending s. 1002.451, F.S.; revising
    6         requirements for district innovation school of
    7         technology compliance with maximum class size
    8         requirements; amending s. 1003.03, F.S.; calculating a
    9         school district’s class size categorical allocation
   10         reduction at the school average when maximum class
   11         size requirements are not met; revising the
   12         calculation; providing for the expenditure of funds;
   13         requiring a school district that exceeds class size
   14         maximums to post its plan for compliance on the
   15         district website and provide the plan to the school
   16         advisory committee of each noncompliant school;
   17         authorizing a noncompliant school to post the plan on
   18         its website; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (b) of subsection (16) of section
   23  1002.33, Florida Statutes, is amended to read:
   24         1002.33 Charter schools.—
   25         (16) EXEMPTION FROM STATUTES.—
   26         (b) Additionally, a charter school shall be in compliance
   27  with the following statutes:
   28         1. Section 286.011, relating to public meetings and
   29  records, public inspection, and criminal and civil penalties.
   30         2. Chapter 119, relating to public records.
   31         3. Section 1003.03, relating to the maximum class size,
   32  except that the calculation for compliance pursuant to s.
   33  1003.03 shall be the average at the school level.
   34         4. Section 1012.22(1)(c), relating to compensation and
   35  salary schedules.
   36         5. Section 1012.33(5), relating to workforce reductions.
   37         6. Section 1012.335, relating to contracts with
   38  instructional personnel hired on or after July 1, 2011.
   39         7. Section 1012.34, relating to the substantive
   40  requirements for performance evaluations for instructional
   41  personnel and school administrators.
   42         Section 2. Paragraph (a) of subsection (5) of section
   43  1002.451, Florida Statutes, is amended to read:
   44         1002.451 District innovation school of technology program.—
   45         (5) EXEMPTION FROM STATUTES.—
   46         (a) An innovation school of technology is exempt from
   47  chapters 1000-1013. However, an innovation school of technology
   48  shall comply with the following provisions of those chapters:
   49         1. Laws pertaining to the following:
   50         a. Schools of technology, including this section.
   51         b. Student assessment program and school grading system.
   52         c. Services to students who have disabilities.
   53         d. Civil rights, including s. 1000.05, relating to
   54  discrimination.
   55         e. Student health, safety, and welfare.
   56         2. Laws governing the election and compensation of district
   57  school board members and election or appointment and
   58  compensation of district school superintendents.
   59         3. Section 1003.03, governing maximum class size, except
   60  that the calculation for compliance pursuant to s. 1003.03 is
   61  the average at the school level.
   62         4. Sections 1012.22(1)(c) and 1012.27(2), relating to
   63  compensation and salary schedules.
   64         5. Section 1012.33(5), relating to workforce reductions,
   65  for annual contracts for instructional personnel. This
   66  subparagraph does not apply to at-will employees.
   67         6. Section 1012.335, relating to contracts with
   68  instructional personnel hired on or after July 1, 2011, for
   69  annual contracts for instructional personnel. This subparagraph
   70  does not apply to at-will employees.
   71         7. Section 1012.34, relating to requirements for
   72  performance evaluations of instructional personnel and school
   73  administrators.
   74         Section 3. Subsection (4) of section 1003.03, Florida
   75  Statutes, is amended to read:
   76         1003.03 Maximum class size.—
   77         (4) ACCOUNTABILITY.—
   78         (a) If the department determines that the number of
   79  students assigned to any individual class exceeds the class size
   80  maximum, as required in subsection (1) and as determined at the
   81  school average, based upon the October student membership
   82  survey, the department shall:
   83         1. Identify, for each grade group, the number of classes in
   84  which the number of students exceeds the maximum and the total
   85  number of students which exceeds the maximum for all classes.
   86         2. Determine the number of FTE students which exceeds the
   87  maximum for each grade group calculated at the school average.
   88         2.3. Multiply the total number of FTE students which
   89  exceeds the maximum for each grade group calculated at the
   90  school average by the district’s FTE dollar amount of the class
   91  size categorical allocation for that year and calculate the
   92  total for all three grade groups.
   93         3.4. Multiply the total number of FTE students which
   94  exceeds the maximum for all classes calculated at the school
   95  average by an amount equal to 50 percent of the base student
   96  allocation adjusted by the district cost differential for each
   97  of the 2010-2011 through 2013-2014 fiscal years and by an amount
   98  equal to the base student allocation adjusted by the district
   99  cost differential in the 2014-2015 fiscal year and thereafter.
  100         4.5. Reduce the district’s class size categorical
  101  allocation by an amount equal to the sum of the calculations in
  102  subparagraphs 2. and 3. and 4.
  103         (b) The amount of funds reduced shall be the lesser of the
  104  amount calculated in paragraph (a) or the undistributed balance
  105  of the district’s class size categorical allocation. The Florida
  106  Education Finance Program Appropriation Allocation Conference
  107  shall verify the department’s calculation in paragraph (a). The
  108  commissioner may withhold distribution of the class size
  109  categorical allocation to the extent necessary to comply with
  110  paragraph (a).
  111         (c) In lieu of the reduction calculation in paragraph (a),
  112  if the Commissioner of Education has evidence that a district
  113  was unable to meet the class size requirements despite
  114  appropriate efforts to do so or because of an extreme emergency,
  115  the commissioner may recommend by February 15, subject to
  116  approval of the Legislative Budget Commission, the reduction of
  117  an alternate amount of funds from the district’s class size
  118  categorical allocation.
  119         (d) Upon approval of the reduction calculation in
  120  paragraphs (a)-(c), each district shall expend an amount of
  121  funds equal to the amount of the reduction calculation in the
  122  noncompliant schools to comply with the requirements in
  123  subsection (1) as determined at the school average the
  124  commissioner must prepare a reallocation of the funds made
  125  available for the districts that have fully met the class size
  126  requirements. The funds shall be reallocated by calculating an
  127  amount of up to 5 percent of the base student allocation
  128  multiplied by the total district FTE students. The reallocation
  129  total may not exceed 25 percent of the total funds reduced.
  130         (e) Each district that has not complied with the
  131  requirements in subsection (1) as determined at the school
  132  average shall submit to the commissioner by February 1 a plan
  133  certified by the district school board that describes the
  134  specific actions that the district will take in order to fully
  135  comply with the requirements in subsection (1) by October of the
  136  following school year. The plan shall be posted on the district
  137  website and provided to the school advisory committee of all
  138  noncompliant schools. A noncompliant school may post the plan on
  139  its website If a district submits the certified plan by the
  140  required deadline, the funds remaining after the reallocation
  141  calculation in paragraph (d) shall be added back to the
  142  district’s class size categorical allocation based on each
  143  qualifying district’s proportion of the total reduction for all
  144  qualifying districts for which a reduction was calculated in
  145  paragraphs (a)-(c). However, no district shall have an amount
  146  added back that is greater than the amount that was reduced.
  147         (f) The department shall adjust school district class size
  148  reduction categorical allocation distributions based on the
  149  calculations in paragraphs (a)-(e).
  150         Section 4. This act shall take effect July 1, 2015.