HB 7043

1	A bill to be entitled
2	An act relating to maximum class size; amending s.
3	1003.03, F.S.; revising the implementation schedule by
4	providing compliance calculations for fiscal years 2008-
5	2009 through 2010-2011; requiring the Department of
6	Education to determine which school districts do not meet
7	the class size requirements and report such districts to
8	the Legislature; providing State Board of Education
9	enforcement authority to ensure district compliance with
10	class size requirements; revising accountability
11	provisions to require the department to reduce the class
12	size reduction operating categorical funds for
13	noncompliance; deleting accountability provisions relating
14	to the transfer of funds, the requirement that
15	noncompliant districts implement certain policies, and the
16	development of compliance plans; creating a flexibility
17	exception to class size requirements for school districts;
18	requiring school districts to make assignments no later
19	than the October student membership survey; requiring
20	school districts with unexpected student enrollment growth
21	to consider alternatives to comply with class size
22	requirements; defining unexpected student enrollment
23	growth; authorizing a district school board to determine
24	the need for a flexibility exception; requiring a public
25	hearing with notice; providing conditions for a
26	flexibility exception; requiring rulemaking; amending s.
27	1011.685, F.S.; revising requirements for use of class
28	size reduction operating categorical funds; amending s.
29	216.292, F.S.; deleting provisions authorizing the
30	transfer of appropriations for public school operations to
31	a fixed capital outlay appropriation for class size
32	reduction; amending s. 1002.63, F.S.; deleting provisions
33	relating to school district eligibility to deliver the
34	Voluntary Prekindergarten Education Program based on class
35	size; amending ss. 1002.53, 1002.61, and 1002.73, F.S.;
36	conforming provisions and cross-references; providing an
37	effective date.
38
39	WHEREAS, the Florida Supreme Court held in its Advisory
40	Opinion to the Attorney General regarding Florida's Amendment to
41	Reduce Class Size that, rather than restricting the Legislature,
42	the class size amendment in Article IX, Section 1 of the Florida
43	Constitution gives the Legislature latitude in designing ways to
44	reach the class size goal articulated in the amendment and
45	places the obligation to ensure compliance on the Legislature,
46	not the local school boards, and
47	WHEREAS, disruptions in learning in the middle of the
48	school year, such as the breakup of a classroom, being
49	reassigned to a new teacher, or being transferred to another
50	class or school, are educationally unsound and distressing to
51	educators, parents, and students, NOW, THEREFORE,
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 1003.03, Florida Statutes, as amended
56	by chapter 2007-328, Laws of Florida, is amended to read:
57	1003.03  Maximum class size.--
58	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
59	Art. IX of the State Constitution, beginning in the 2010-2011
60	school year:
61	(a)  The maximum number of students assigned to each
62	teacher who is teaching core-curricula courses in public school
63	classrooms for prekindergarten through grade 3 may not exceed 18
64	students.
65	(b)  The maximum number of students assigned to each
66	teacher who is teaching core-curricula courses in public school
67	classrooms for grades 4 through 8 may not exceed 22 students.
68	(c)  The maximum number of students assigned to each
69	teacher who is teaching core-curricula courses in public school
70	classrooms for grades 9 through 12 may not exceed 25 students.
71	(2)  IMPLEMENTATION.--
72	(a)1.  Beginning with the 2003-2004 fiscal year through the
73	2007-2008 fiscal year, each school district that is not in
74	compliance with the maximums in subsection (1) shall reduce the
75	average number of students per classroom in each of the
76	following grade groupings: prekindergarten through grade 3,
77	grade 4 through grade 8, and grade 9 through grade 12, by at
78	least two students each year.
79	2.  In the 2008-2009 fiscal year, each school district that
80	has individual classrooms exceeding the constitutional class
81	size maximums in subsection (1) by more than four students shall
82	use its class size reduction operating categorical allocation in
83	accordance with s. 1011.685(2) until the constitutional class
84	size maximums are met.
85	3.  In the 2009-2010 fiscal year, each school district that
86	has individual classrooms exceeding the constitutional class
87	size maximums in subsection (1) by more than two students shall
88	use its class size reduction operating categorical allocation in
89	accordance with s. 1011.685(2) until the constitutional class
90	size maximums are met.
91	4.  Beginning with the October student membership survey of
92	the 2010-2011 school year and at the October student membership
93	survey of each school year thereafter, each individual classroom
94	shall be in compliance with the constitutional class size
95	maximums in subsection (1) except as otherwise authorized under
96	subsection (6).
97	(b)  Determination of the number of students per classroom
98	in paragraph (a) shall be calculated as follows:
99	1.  For fiscal years 2003-2004 through 2005-2006, the
100	calculation for compliance for each of the 3 grade groupings
101	shall be the average at the district level.
102	2.  For fiscal years 2006-2007 through 2007-2008, the
103	calculation for compliance for each of the 3 grade groupings
104	shall be the average at the school level.
105	3.  For fiscal year years 2008-2009, 2009-2010, and
106	thereafter, the calculation for compliance shall be the average
107	at the school level. However, each district should strive in
108	every practical way to achieve the goal that the constitutional
109	class size maximums in subsection (1) be exceeded by no more
110	than four students at the individual classroom level.
111	4.  For fiscal year 2009-2010, the calculation for
112	compliance shall be the average at the school level. However,
113	each district should strive in every practical way to achieve
114	the goal that the constitutional class size maximums in
115	subsection (1) be exceeded by no more than two students at the
116	individual classroom level.
117	5.  Beginning with the October student membership survey of
118	the 2010-2011 school year and at the October student membership
119	survey of each school year thereafter, compliance shall be
120	calculated at the individual classroom level based on the
121	constitutional class size maximums in subsection (1).
122	6.4.  For fiscal years 2006-2007 through 2009-2010 and
123	thereafter, each teacher assigned to any classroom shall be
124	included in the calculation for compliance.
125	(c)  The Department of Education shall annually calculate
126	each of the three average class size measures defined in
127	paragraphs (a) and (b) based upon the October student membership
128	survey and annually report to the Legislature by February 1
129	those districts that are not in compliance. For fiscal year
130	2008-2009, the department shall also report, by each grade
131	grouping, those districts with individual classrooms exceeding
132	the constitutional class size maximums in subsection (1) by more
133	than four students. For fiscal year 2009-2010, the department
134	shall also report, by each grade grouping, those districts with
135	individual classrooms exceeding the constitutional class size
136	maximums in subsection (1) by more than two students. For
137	purposes of determining the baseline from which each district's
138	average class size must be reduced for the 2003-2004 school
139	year, the department shall use data from the February 2003
140	student membership survey updated to include classroom
141	identification numbers as required by the department.
142	(d)  The State Board of Education may use the enforcement
143	authority provided in s. 1008.32 to ensure that school districts
144	comply with the provisions of this subsection. Prior to the
145	adoption of the district school budget for 2004-2005, each
146	district school board shall hold public hearings to review
147	school attendance zones in order to ensure maximum use of
148	facilities while minimizing the additional use of transportation
149	in order to comply with the two-student-per-year reduction
150	required in paragraph (a). School districts that meet the
151	constitutional class size maximums described in subsection (1)
152	are exempt from this requirement.
153	(3)  IMPLEMENTATION OPTIONS.--District school boards must
154	consider, but are not limited to, implementing the following
155	items in order to meet the constitutional class size maximums
156	described in subsections subsection (1) and the two-student-per-
157	year reduction required in subsection (2):
158	(a)  Adopt policies to encourage qualified students to take
159	dual enrollment courses.
160	(b)  Adopt policies to encourage students to take courses
161	from the Florida Virtual School.
162	(c)1.  Repeal district school board policies that require
163	students to have more than 24 credits to graduate from high
164	school.
165	2.  Adopt policies to allow students to graduate from high
166	school as soon as they pass the grade 10 FCAT and complete the
167	courses required for high school graduation.
168	(d)  Use methods to maximize use of instructional staff,
169	such as changing required teaching loads and scheduling of
170	planning periods, deploying district employees that have
171	professional certification to the classroom, using adjunct
172	educators, or any other method not prohibited by law.
173	(e)  Use innovative methods to reduce the cost of school
174	construction by using prototype school designs, using SMART
175	Schools designs, participating in the School Infrastructure
176	Thrift Program, or any other method not prohibited by law.
177	(f)  Use joint-use facilities through partnerships with
178	community colleges, state universities, and private colleges and
179	universities. Joint-use facilities available for use as K-12
180	classrooms that do not meet the K-12 State Regulations for
181	Educational Facilities in the Florida Building Code may be used
182	at the discretion of the district school board provided that
183	such facilities meet all other health, life, safety, and fire
184	codes.
185	(g)  Adopt alternative methods of class scheduling, such as
186	block scheduling.
187	(h)  Redraw school attendance zones to maximize use of
188	facilities while minimizing the additional use of
189	transportation.
190	(i)  Operate schools beyond the normal operating hours to
191	provide classes in the evening or operate more than one session
192	of school during the day.
193	(j)  Use year-round schools and other nontraditional
194	calendars that do not adversely impact annual assessment of
195	student achievement.
196	(k)  Review and consider amending any collective bargaining
197	contracts that hinder the implementation of class size
198	reduction.
199	(l)  Use any other approach not prohibited by law.
200	(4)  ACCOUNTABILITY.--Beginning with the October student
201	membership survey of the 2010-2011 school year and at the
202	October student membership survey of each school year
203	thereafter, if the department determines that any individual
204	classroom exceeds the constitutional class size maximums in
205	subsection (1) and a flexibility exception in subsection (6) has
206	not been timely granted by the district school board, the
207	department shall:
208	(a)  Identify, for each of the 3 grade groupings, the
209	number of classrooms with a student enrollment that exceeds the
210	constitutional class size maximums in subsection (1), the number
211	of students over the maximum for each classroom, and the total
212	number of students over the maximum for all classrooms in each
213	school and each school district.
214	(b)  Determine the number of full-time equivalent (FTE)
215	students that are over the constitutional class size maximums in
216	subsection (1) for each of the 3 grade groupings.
217	(c)  Multiply the total number of FTE students that are
218	over the constitutional class size maximums in subsection (1)
219	for each of the 3 grade groupings by the class size reduction
220	allocation factor for that grade grouping as set in the General
221	Appropriations Act Conference Report of the Florida Education
222	Finance Program (FEFP).
223	(d)  Reduce the district's class size reduction operating
224	categorical as calculated in the third FEFP calculation by an
225	amount equal to the lesser of the remaining undisbursed balance
226	of the allocation or the sum of the calculation in paragraph
227	(c).
228	(a)1.  Beginning in the 2003-2004 fiscal year, if the
229	department determines for any year that a school district has
230	not reduced average class size as required in subsection (2) at
231	the time of the third FEFP calculation, the department shall
232	calculate an amount from the class size reduction operating
233	categorical which is proportionate to the amount of class size
234	reduction not accomplished. Upon verification of the
235	department's calculation by the Florida Education Finance
236	Program Appropriation Allocation Conference and not later than
237	March 1 of each year, the Executive Office of the Governor shall
238	transfer undistributed funds equivalent to the calculated amount
239	from the district's class size reduction operating categorical
240	to an approved fixed capital outlay appropriation for class size
241	reduction in the affected district pursuant to s. 216.292(2)(d).
242	The amount of funds transferred shall be the lesser of the
243	amount verified by the Florida Education Finance Program
244	Appropriation Allocation Conference or the undistributed balance
245	of the district's class size reduction operating categorical.
246	2.  In lieu of the transfer required by subparagraph 1.,
247	the Commissioner of Education may recommend a budget amendment,
248	subject to approval by the Legislative Budget Commission, to
249	transfer an alternative amount of funds from the district's
250	class size reduction operating categorical to its approved fixed
251	capital outlay account for class size reduction if the
252	commissioner finds that the State Board of Education has
253	reviewed evidence indicating that a district has been unable to
254	meet class size reduction requirements despite appropriate
255	effort to do so. The commissioner's budget amendment must be
256	submitted to the Legislative Budget Commission by February 15 of
257	each year.
258	3.  For the 2007-2008 fiscal year and thereafter, if in any
259	fiscal year funds from a district's class size operating
260	categorical are required to be transferred to its fixed capital
261	outlay fund and the district's class size operating categorical
262	allocation in the General Appropriations Act for that fiscal
263	year has been reduced by a subsequent appropriation, the
264	Commissioner of Education may recommend a 10-percent reduction
265	in the amount of the transfer.
266	(b)  Beginning in the 2005-2006 school year, the department
267	shall determine by January 15 of each year which districts have
268	not met the two-student-per-year reduction required in
269	subsection (2) based upon a comparison of the district's October
270	student membership survey for the current school year and the
271	February 2003 baseline student membership survey. The department
272	shall report such districts to the Legislature. Each district
273	that has not met the two-student-per-year reduction shall be
274	required to implement one of the following policies in the
275	subsequent school year unless the department finds that the
276	district comes into compliance based upon the February student
277	membership survey:
278	1.  Year-round schools;
279	2.  Double sessions;
280	3.  Rezoning; or
281	4.  Maximizing use of instructional staff by changing
282	required teacher loads and scheduling of planning periods,
283	deploying school district employees who have professional
284	certification to the classroom, using adjunct educators,
285	operating schools beyond the normal operating hours to provide
286	classes in the evening, or operating more than one session
287	during the day.
288
289	A school district that is required to implement one of the
290	policies outlined in subparagraphs 1.-4. shall correct in the
291	year of implementation any past deficiencies and bring the
292	district into compliance with the two-student-per-year reduction
293	goals established for the district by the department pursuant to
294	subsection (2). A school district may choose to implement more
295	than one of these policies. The district school superintendent
296	shall report to the Commissioner of Education the extent to
297	which the district implemented any of the policies outlined in
298	subparagraphs 1.-4. in a format to be specified by the
299	Commissioner of Education. The Department of Education shall use
300	the enforcement authority provided in s. 1008.32 to ensure that
301	districts comply with the provisions of this paragraph.
302	(c)  Beginning in the 2006-2007 school year, the department
303	shall annually determine which districts do not meet the
304	requirements described in subsection (2). In addition to
305	enforcement authority provided in s. 1008.32, the Department of
306	Education shall develop a constitutional compliance plan for
307	each such district which includes, but is not limited to,
308	redrawing school attendance zones to maximize use of facilities
309	while minimizing the additional use of transportation unless the
310	department finds that the district comes into compliance based
311	upon the February student membership survey and the other
312	accountability policies listed in paragraph (b). Each district
313	school board shall implement the constitutional compliance plan
314	developed by the state board until the district complies with
315	the constitutional class size maximums.
316	(5)  TEAM-TEACHING STRATEGIES.--
317	(a)  School districts may use teaching strategies that
318	include the assignment of more than one teacher to a classroom
319	of students and that were implemented before July 1, 2005.
320	Effective July 1, 2005, school districts may implement
321	additional teaching strategies that include the assignment of
322	more than one teacher to a classroom of students for the
323	following purposes only:
324	1.  Pairing teachers for the purpose of staff development.
325	2.  Pairing new teachers with veteran teachers.
326	3.  Reducing turnover among new teachers.
327	4.  Pairing teachers who are teaching out-of-field with
328	teachers who are in-field.
329	5.  Providing for more flexibility and innovation in the
330	classroom.
331	6.  Improving learning opportunities for students,
332	including students who have disabilities.
333	(b)  Teaching strategies, including team teaching, co-
334	teaching, or inclusion teaching, implemented on or after July 1,
335	2005, pursuant to paragraph (a) may be implemented subject to
336	the following restrictions:
337	1.  Reasonable limits shall be placed on the number of
338	students in a classroom so that classrooms are not overcrowded.
339	Teacher-to-student ratios within a curriculum area or grade
340	level must not exceed constitutional limits.
341	2.  At least one member of the team must have at least 3
342	years of teaching experience.
343	3.  At least one member of the team must be teaching in-
344	field.
345	4.  The teachers must be trained in team-teaching methods
346	within 1 year after assignment.
347	(c)  As used in this subsection, the term:
348	1.  "Team teaching" or "co-teaching" means two or more
349	teachers are assigned to a group of students and each teacher is
350	responsible for all of the students during the entire class
351	period. In order to be considered team teaching or co-teaching,
352	each teacher is responsible for planning, delivering, and
353	evaluating instruction for all students in the class or subject
354	for the entire class period.
355	2.  "Inclusion teaching" means two or more teachers are
356	assigned to a group of students, but one of the teachers is
357	responsible for only one student or a small group of students in
358	the classroom.
359
360	The use of strategies implemented as outlined in this subsection
361	meets the letter and intent of the Florida Constitution and the
362	Florida Statutes which relate to implementing class size
363	reduction, and this subsection applies retroactively. A school
364	district may not be penalized financially or otherwise as a
365	result of the use of any legal strategy, including, but not
366	limited to, those set forth in subsection (3) and this
367	subsection.
368	(6)  FLEXIBILITY EXCEPTION.--
369	(a)  Beginning with the October student membership survey
370	of the 2010-2011 school year and at the October student
371	membership survey of each school year thereafter, each school
372	district shall make assignments to meet the constitutional class
373	size maximums in subsection (1).
374	(b)  In the event of unexpected student enrollment growth
375	after the October student membership survey, which will require
376	a school district to take further action to meet the
377	constitutional class size maximums in subsection (1), the
378	alternatives in subsections (3) and (5) shall be considered and
379	implemented as deemed practical by the school district. For
380	purposes of this subsection, unexpected student enrollment
381	growth at the:
382	1.  District level is student enrollment in excess of the
383	projections used by the Legislature in establishing the General
384	Appropriations Act.
385	2.  Kindergarten through grade 8 school level is student
386	enrollment in excess of the school's official staffing plan and
387	capacity.
388	3.  Grade 9 through grade 12 school level is student
389	enrollment in excess of the school's official staffing plan and
390	capacity or in excess of the official staffing plan and capacity
391	for a restricted course offering such as a magnet program or a
392	career academy.
393	(c)1.  Upon a finding that taking further action to attain
394	compliance is either impractical or educationally unsound and
395	disruptive to students, a district school board may determine
396	the need for a flexibility exception at a public meeting that
397	has been noticed pursuant to s. 120.525; however, a school
398	board's determination under this subparagraph is not subject to
399	challenge under chapter 120. The district school board shall
400	file the record of its public meeting, together with
401	documentation of its flexibility exception determination, with
402	the department.
403	2.  If a flexibility exception determination is made by a
404	district school board, the following conditions shall apply:
405	a.  The flexibility exception shall expire at the end of
406	the school year.
407	b.  A teacher in prekindergarten through grade 3 shall be
408	assigned no more than three students above the constitutional
409	class size maximum in paragraph (1)(a) and a teacher in grades 4
410	through 8 or in grades 9 through 12 shall be assigned no more
411	than five students above the constitutional class size maximum
412	in paragraph (1)(b) or paragraph (1)(c), respectively.
413	c.  If the unexpected student enrollment growth results in
414	more than three students or five students above the
415	constitutional class size maximums as provided in sub-
416	subparagraph b., the school district shall add classrooms and
417	teachers or take such other action as necessary to comply with
418	the constitutional class size maximums in subsection (1).
419	d.  The school shall not exceed the class size average for
420	each of the 3 grade groupings that is averaged at the school
421	level for the school year.
422	e.  The district school board shall develop a plan to
423	provide that each school will be in full compliance with the
424	constitutional class size maximums in subsection (1) by the next
425	October student membership survey.
426
427	A school district shall be considered to be in compliance with
428	the constitutional class size maximums in subsection (1) when
429	utilizing the flexibility exception established in this
430	subsection.
431	(7)  RULES.--The State Board of Education shall adopt
432	rules, pursuant to ss. 120.536(1) and 120.54, governing
433	compliance calculations under this section, the timeliness and
434	required documentation for district school board flexibility
435	exception determinations, and district school board appeals of
436	penalties under this section.
437	Section 2.  Section 1011.685, Florida Statutes, is amended
438	to read:
439	1011.685  Class size reduction; operating categorical
440	fund.--
441	(1)  There is created an operating categorical fund for
442	implementing the class size reduction provisions of s. 1, Art.
443	IX of the State Constitution. These funds shall be allocated to
444	each school district in the amount prescribed by the Legislature
445	in the General Appropriations Act.
446	(2)(a)  Except as provided in paragraph (b), 100 percent of
447	class size reduction operating categorical funds shall be used
448	by school districts for purposes of achieving compliance with
449	the constitutional class size maximums in s. 1003.03(1) in any
450	lawful manner, including, but not limited to, the alternatives
451	in s. 1003.03(3) and (5). the following:
452	(a)  To reduce class size in any lawful manner, if the
453	district has not met the constitutional maximums identified in
454	s. 1003.03(1) or the reduction of two students per year required
455	by s. 1003.03(2).
456	(b)  Once a school district is determined to be in
457	compliance with the constitutional class size maximums in s.
458	1003.03(1), the district may use class size reduction operating
459	categorical funds for any lawful operating expenditure, if the
460	district has met the constitutional maximums identified in s.
461	1003.03(1) or the reduction of two students per year required by
462	s. 1003.03(2); however, priority shall be given to increase
463	salaries of classroom teachers as defined in s. 1012.01(2)(a)
464	and to implement the differentiated-pay provisions detailed in
465	s. 1012.22.
466	Section 3.  Paragraph (d) of subsection (2) of section
467	216.292, Florida Statutes, is amended to read:
468	216.292  Appropriations nontransferable; exceptions.--
469	(2)  The following transfers are authorized to be made by
470	the head of each department or the Chief Justice of the Supreme
471	Court whenever it is deemed necessary by reason of changed
472	conditions:
473	(d)  The transfer of funds by the Executive Office of the
474	Governor from appropriations for public school operations to a
475	fixed capital outlay appropriation for class size reduction
476	based on recommendations of the Florida Education Finance
477	Program Appropriation Allocation Conference or the Legislative
478	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
479	Governor under this subsection are subject to the notice and
480	review provisions of s. 216.177.
481	Section 4.  Paragraph (c) of subsection (3) of section
482	1002.53, Florida Statutes, is amended to read:
483	1002.53  Voluntary Prekindergarten Education Program;
484	eligibility and enrollment.--
485	(3)  The parent of each child eligible under subsection (2)
486	may enroll the child in one of the following programs:
487	(c)  A school-year prekindergarten program delivered by a
488	public school, if offered by a school district that is eligible
489	under s. 1002.63.
490
491	Except as provided in s. 1002.71(4), a child may not enroll in
492	more than one of these programs.
493	Section 5.  Subsections (4) and (6) of section 1002.61,
494	Florida Statutes, are amended to read:
495	1002.61  Summer prekindergarten program delivered by public
496	schools and private prekindergarten providers.--
497	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)(5),
498	each public school and private prekindergarten provider must
499	have, for each prekindergarten class, at least one
500	prekindergarten instructor who:
501	(a)  Is a certified teacher; or
502	(b)  Holds one of the educational credentials specified in
503	s. 1002.55(4)(a) or (b).
504
505	As used in this subsection, the term "certified teacher" means a
506	teacher holding a valid Florida educator certificate under s.
507	1012.56 who has the qualifications required by the district
508	school board to instruct students in the summer prekindergarten
509	program. In selecting instructional staff for the summer
510	prekindergarten program, each school district shall give
511	priority to teachers who have experience or coursework in early
512	childhood education.
513	(6)  Notwithstanding ss. 1002.55(3)(e) and 1002.63(6)(7),
514	each prekindergarten class in the summer prekindergarten
515	program, regardless of whether the class is a public school's or
516	private prekindergarten provider's class, must be composed of at
517	least 4 students but may not exceed 10 students. In order to
518	protect the health and safety of students, each public school or
519	private prekindergarten provider must also provide appropriate
520	adult supervision for students at all times. This subsection
521	does not supersede any requirement imposed on a provider under
522	ss. 402.301-402.319.
523	Section 6.  Section 1002.63, Florida Statutes, is amended
524	to read:
525	1002.63  School-year prekindergarten program delivered by
526	public schools.--
527	(1)  Each school district eligible under subsection (4) may
528	administer the Voluntary Prekindergarten Education Program at
529	the district level for students enrolled under s. 1002.53(3)(c)
530	in a school-year prekindergarten program delivered by a public
531	school.
532	(2)  Each school-year prekindergarten program delivered by
533	a public school must comprise at least 540 instructional hours.
534	(3)  The district school board of each school district
535	eligible under subsection (4) shall determine which public
536	schools in the district shall are eligible to deliver the
537	prekindergarten program during the school year.
538	(4)  To be eligible to deliver the prekindergarten program
539	during the school year, each school district must meet both of
540	the following requirements:
541	(a)  The district school board must certify to the State
542	Board of Education that the school district:
543	1.  Has reduced the average class size in each classroom in
544	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
545	of the State Constitution; and
546	2.  Has sufficient satisfactory educational facilities and
547	capital outlay funds to continue reducing the average class size
548	in each classroom in the district's elementary schools for each
549	year in accordance with the schedule for class size reduction
550	and to achieve full compliance with the maximum class sizes in
551	s. 1(a), Art. IX of the State Constitution by the beginning of
552	the 2010-2011 school year.
553	(b)  The Commissioner of Education must certify to the
554	State Board of Education that the department has reviewed the
555	school district's educational facilities, capital outlay funds,
556	and projected student enrollment and concurs with the district
557	school board's certification under paragraph (a).
558	(4)(5)  Each public school must have, for each
559	prekindergarten class, at least one prekindergarten instructor
560	who meets each requirement in s. 1002.55(3)(c) for a
561	prekindergarten instructor of a private prekindergarten
562	provider.
563	(5)(6)  Each prekindergarten instructor employed by a
564	public school delivering the school-year prekindergarten program
565	must be of good moral character, must be screened using the
566	level 2 screening standards in s. 435.04 before employment and
567	rescreened at least once every 5 years, must be denied
568	employment or terminated if required under s. 435.06, and must
569	not be ineligible to teach in a public school because his or her
570	educator certificate is suspended or revoked. This subsection
571	does not supersede employment requirements for instructional
572	personnel in public schools which are more stringent than the
573	requirements of this subsection.
574	(6)(7)  Each prekindergarten class in a public school
575	delivering the school-year prekindergarten program must be
576	composed of at least 4 students but may not exceed 18 students.
577	In order to protect the health and safety of students, each
578	school must also provide appropriate adult supervision for
579	students at all times and, for each prekindergarten class
580	composed of 11 or more students, must have, in addition to a
581	prekindergarten instructor who meets the requirements of s.
582	1002.55(3)(c), at least one adult prekindergarten instructor who
583	is not required to meet those requirements but who must meet
584	each requirement of subsection (5)(6).
585	(7)(8)  Each public school delivering the school-year
586	prekindergarten program must:
587	(a)  Register with the early learning coalition on forms
588	prescribed by the Agency for Workforce Innovation; and
589	(b)  Deliver the Voluntary Prekindergarten Education
590	Program in accordance with this part.
591	Section 7.  Subsection (2) of section 1002.73, Florida
592	Statutes, is amended to read:
593	1002.73  Department of Education; powers and duties;
594	accountability requirements.--
595	(2)  The department shall adopt procedures for the
596	department's:
597	(a)  Approval of prekindergarten director credentials under
598	ss. 1002.55 and 1002.57.
599	(b)  Approval of emergent literacy training courses under
600	ss. 1002.55 and 1002.59.
601	(c)  Certification of school districts that are eligible to
602	deliver the school-year prekindergarten program under s.
603	1002.63.
604	(c)(d)  Administration of the statewide kindergarten
605	screening and calculation of kindergarten readiness rates under
606	s. 1002.69.
607	Section 8.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.