Florida Senate - 2017                                     SB 808
       
       
        
       By Senator Mayfield
       
       17-01052-17                                            2017808__
    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; providing an exemption from the reduction of a
   15         school district’s class size categorical allocation
   16         for specified fiscal years; requiring an updated plan
   17         for compliance with class size requirements from
   18         certain districts for a specified fiscal year;
   19         amending s. 1011.6202, F.S.; revising requirements for
   20         compliance with maximum class size requirements for a
   21         school participating in the Principal Autonomy Pilot
   22         Project Program; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (5) of section 1002.31, Florida
   27  Statutes, is amended to read:
   28         1002.31 Controlled open enrollment; Public school parental
   29  choice.—
   30         (5)For a school or program that is a public school of
   31  choice under this section, the calculation for compliance with
   32  maximum class size pursuant to s. 1003.03(4) is the average
   33  number of students at the school level.
   34         Section 2. Paragraph (b) of subsection (16) of section
   35  1002.33, Florida Statutes, is amended to read:
   36         1002.33 Charter schools.—
   37         (16) EXEMPTION FROM STATUTES.—
   38         (b) Additionally, a charter school shall be in compliance
   39  with the following statutes:
   40         1. Section 286.011, relating to public meetings and
   41  records, public inspection, and criminal and civil penalties.
   42         2. Chapter 119, relating to public records.
   43         3. Section 1003.03, relating to the maximum class size,
   44  except that the calculation for compliance pursuant to s.
   45  1003.03 shall be the average at the school level.
   46         4. Section 1012.22(1)(c), relating to compensation and
   47  salary schedules.
   48         5. Section 1012.33(5), relating to workforce reductions.
   49         6. Section 1012.335, relating to contracts with
   50  instructional personnel hired on or after July 1, 2011.
   51         7. Section 1012.34, relating to the substantive
   52  requirements for performance evaluations for instructional
   53  personnel and school administrators.
   54         Section 3. Paragraph (a) of subsection (5) of section
   55  1002.451, Florida Statutes, is amended to read:
   56         1002.451 District innovation school of technology program.—
   57         (5) EXEMPTION FROM STATUTES.—
   58         (a) An innovation school of technology is exempt from
   59  chapters 1000-1013. However, an innovation school of technology
   60  shall comply with the following provisions of those chapters:
   61         1. Laws pertaining to the following:
   62         a. Schools of technology, including this section.
   63         b. Student assessment program and school grading system.
   64         c. Services to students who have disabilities.
   65         d. Civil rights, including s. 1000.05, relating to
   66  discrimination.
   67         e. Student health, safety, and welfare.
   68         2. Laws governing the election and compensation of district
   69  school board members and election or appointment and
   70  compensation of district school superintendents.
   71         3. Section 1003.03, governing maximum class size, except
   72  that the calculation for compliance pursuant to s. 1003.03 is
   73  the average at the school level.
   74         4. Sections 1012.22(1)(c) and 1012.27(2), relating to
   75  compensation and salary schedules.
   76         5. Section 1012.33(5), relating to workforce reductions,
   77  for annual contracts for instructional personnel. This
   78  subparagraph does not apply to at-will employees.
   79         6. Section 1012.335, relating to contracts with
   80  instructional personnel hired on or after July 1, 2011, for
   81  annual contracts for instructional personnel. This subparagraph
   82  does not apply to at-will employees.
   83         7. Section 1012.34, relating to requirements for
   84  performance evaluations of instructional personnel and school
   85  administrators.
   86         Section 4. Subsection (4) of section 1003.03, Florida
   87  Statutes, is amended to read:
   88         1003.03 Maximum class size.—
   89         (4) ACCOUNTABILITY.—
   90         (a) If the department determines that the number of
   91  students assigned to any individual class exceeds the class size
   92  maximum, as required in subsection (1), based upon the October
   93  student membership survey, the department shall:
   94         1. Identify, for each grade group, the number of classes in
   95  which the number of students exceeds the maximum and the total
   96  number of students which exceeds the maximum for all classes.
   97         2. Determine the number of FTE students which exceeds the
   98  maximum for each grade group calculated at the school average.
   99         2.3. Multiply the total number of FTE students which
  100  exceeds the maximum for each grade group calculated at the
  101  school average by the district’s FTE dollar amount of the class
  102  size categorical allocation for that year and calculate the
  103  total for all three grade groups.
  104         3.4. Multiply the total number of FTE students which
  105  exceeds the maximum for all classes calculated at the school
  106  average by an amount equal to 50 percent of the base student
  107  allocation adjusted by the district cost differential for each
  108  of the 2010-2011 through 2013-2014 fiscal years and by an amount
  109  equal to the base student allocation adjusted by the district
  110  cost differential in the 2014-2015 fiscal year and thereafter.
  111         4.5. Reduce the district’s class size categorical
  112  allocation by an amount equal to the sum of the calculations in
  113  subparagraphs 2. and 3. and 4.
  114         (b) The amount of funds reduced shall be the lesser of the
  115  amount calculated in paragraph (a) or the undistributed balance
  116  of the district’s class size categorical allocation. The Florida
  117  Education Finance Program Appropriation Allocation Conference
  118  shall verify the department’s calculation in paragraph (a). The
  119  commissioner may withhold distribution of the class size
  120  categorical allocation to the extent necessary to comply with
  121  paragraph (a).
  122         (c) In lieu of the reduction calculation in paragraph (a),
  123  if the Commissioner of Education has evidence that a district
  124  was unable to meet the class size requirements despite
  125  appropriate efforts to do so or because of an extreme emergency,
  126  the commissioner may recommend by February 15, subject to
  127  approval of the Legislative Budget Commission, the reduction of
  128  an alternate amount of funds from the district’s class size
  129  categorical allocation.
  130         (d) Upon approval of the reduction calculation in
  131  paragraphs (a)-(c), the commissioner must prepare a reallocation
  132  of the funds made available for the districts that have fully
  133  met the class size requirements. The funds shall be reallocated
  134  by calculating an amount of up to 5 percent of the base student
  135  allocation multiplied by the total district FTE students. The
  136  reallocation total may not exceed 25 percent of the total funds
  137  reduced.
  138         (e) Each district that has not complied with the
  139  requirements in subsection (1) shall submit to the commissioner
  140  by February 1 a plan certified by the district school board that
  141  describes the specific actions the district will take in order
  142  to fully comply with the requirements in subsection (1) by
  143  October of the following school year. If a district submits the
  144  certified plan by the required deadline, the funds remaining
  145  after the reallocation calculation in paragraph (d) shall be
  146  added back to the district’s class size categorical allocation
  147  based on each qualifying district’s proportion of the total
  148  reduction for all qualifying districts for which a reduction was
  149  calculated in paragraphs (a)-(c). However, no district shall
  150  have an amount added back that is greater than the amount that
  151  was reduced.
  152         (f) The department shall adjust school district class size
  153  reduction categorical allocation distributions based on the
  154  calculations in paragraphs (a)-(e).
  155         (g)A district that has not complied with the requirements
  156  in subsection (1) based on the October student membership survey
  157  for the 2017-2018 school year and has timely submitted the
  158  required plan under paragraph (e) may not have its class size
  159  categorical allocation reduced for the 2017-2018 and 2018-2019
  160  fiscal years. The district shall have until the October student
  161  membership survey for the 2018-2019 school year to comply with
  162  subsection (1); however, the district must provide an updated
  163  plan by February 1, 2019, to the commissioner to ensure the
  164  district is working to comply with the requirements of
  165  subsection (1).
  166         Section 5. Paragraph (b) of subsection (3) of section
  167  1011.6202, Florida Statutes, is amended to read:
  168         1011.6202 Principal Autonomy Pilot Program Initiative.—The
  169  Principal Autonomy Pilot Program Initiative is created within
  170  the Department of Education. The purpose of the pilot program is
  171  to provide the highly effective principal of a participating
  172  school with increased autonomy and authority to operate his or
  173  her school in a way that produces significant improvements in
  174  student achievement and school management while complying with
  175  constitutional requirements. The State Board of Education may,
  176  upon approval of a principal autonomy proposal, enter into a
  177  performance contract with up to seven district school boards for
  178  participation in the pilot program.
  179         (3) EXEMPTION FROM LAWS.—
  180         (b) A participating school shall comply with the provisions
  181  of chapters 1000-1013, and rules of the state board that
  182  implement those provisions, pertaining to the following:
  183         1. Those laws relating to the election and compensation of
  184  district school board members, the election or appointment and
  185  compensation of district school superintendents, public meetings
  186  and public records requirements, financial disclosure, and
  187  conflicts of interest.
  188         2. Those laws relating to the student assessment program
  189  and school grading system, including chapter 1008.
  190         3. Those laws relating to the provision of services to
  191  students with disabilities.
  192         4. Those laws relating to civil rights, including s.
  193  1000.05, relating to discrimination.
  194         5. Those laws relating to student health, safety, and
  195  welfare.
  196         6. Section 1001.42(4)(f), relating to the uniform opening
  197  date for public schools.
  198         7. Section 1003.03, governing maximum class size, except
  199  that the calculation for compliance pursuant to s. 1003.03 is
  200  the average at the school level for a participating school.
  201         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
  202  compensation and salary schedules.
  203         9. Section 1012.33(5), relating to workforce reductions for
  204  annual contracts for instructional personnel. This subparagraph
  205  does not apply to at-will employees.
  206         10. Section 1012.335, relating to annual contracts for
  207  instructional personnel hired on or after July 1, 2011. This
  208  subparagraph does not apply to at-will employees.
  209         11. Section 1012.34, relating to personnel evaluation
  210  procedures and criteria.
  211         12. Those laws pertaining to educational facilities,
  212  including chapter 1013, except that s. 1013.20, relating to
  213  covered walkways for relocatables, and s. 1013.21, relating to
  214  the use of relocatable facilities exceeding 20 years of age, are
  215  eligible for exemption.
  216         13. Those laws pertaining to participating school
  217  districts, including this section and ss. 1011.69(2) and
  218  1012.28(8).
  219         Section 6. This act shall take effect July 1, 2017.