HJR 7039

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 1 of
3	Article IX and the creation of Section 31 of Article XII
4	of the State Constitution to revise class size
5	requirements for public schools and to provide an
6	effective date.
7
8	Be It Resolved by the Legislature of the State of Florida:
9
10	That the following amendment to Section 1 of Article IX and
11	the creation of Section 31 of Article XII of the State
12	Constitution are agreed to and shall be submitted to the
13	electors of this state for approval or rejection at the next
14	general election or at an earlier special election specifically
15	authorized by law for that purpose:
16	ARTICLE IX
17	EDUCATION
18	SECTION 1.  Public education.-
19	(a)  The education of children is a fundamental value of
20	the people of the State of Florida. It is, therefore, a
21	paramount duty of the state to make adequate provision for the
22	education of all children residing within its borders. Adequate
23	provision shall be made by law for a uniform, efficient, safe,
24	secure, and high quality system of free public schools that
25	allows students to obtain a high quality education and for the
26	establishment, maintenance, and operation of institutions of
27	higher learning and other public education programs that the
28	needs of the people may require. To assure that children
29	attending public schools obtain a high quality education, the
30	legislature shall make adequate provision to ensure that, by the
31	beginning of the 2010-2011 2010 school year and for each school
32	year thereafter, there are a sufficient number of classrooms so
33	that:
34	(1)  Within each public school, the average maximum number
35	of students who are assigned per class to each teacher who is
36	teaching in public school classrooms for prekindergarten through
37	grade 3 does not exceed 18 students and the maximum number of
38	students assigned to each teacher in an individual classroom
39	does not exceed 21 students;
40	(2)  Within each public school, the average maximum number
41	of students who are assigned per class to each teacher who is
42	teaching in public school classrooms for grades 4 through 8 does
43	not exceed 22 students and the maximum number of students
44	assigned to each teacher in an individual classroom does not
45	exceed 27 students; and
46	(3)  Within each public school, the average maximum number
47	of students who are assigned per class to each teacher who is
48	teaching in public school classrooms for grades 9 through 12
49	does not exceed 25 students and the maximum number of students
50	assigned to each teacher in an individual classroom does not
51	exceed 30 students.
52
53	The class size requirements of this subsection do not apply to
54	extracurricular or virtual classes. Payment of the costs
55	associated with meeting reducing class size to meet these
56	requirements is the responsibility of the state and not of local
57	school schools districts. Beginning with the 2003-2004 fiscal
58	year, The legislature shall provide sufficient funds to maintain
59	reduce the average number of students required by in each
60	classroom by at least two students per year until the maximum
61	number of students per classroom does not exceed the
62	requirements of this subsection.
63	(b)  Every four-year old child in Florida shall be provided
64	by the State a high quality prekindergarten pre-kindergarten
65	learning opportunity in the form of an early childhood
66	development and education program which shall be voluntary, high
67	quality, free, and delivered according to professionally
68	accepted standards. An early childhood development and education
69	program means an organized program designed to address and
70	enhance each child's ability to make age appropriate progress in
71	an appropriate range of settings in the development of language
72	and cognitive capabilities and emotional, social, regulatory,
73	and moral capacities through education in basic skills and such
74	other skills as the Legislature may determine to be appropriate.
75	(c)  The early childhood education and development programs
76	provided by reason of subsection subparagraph (b) shall be
77	implemented no later than the beginning of the 2005 school year
78	through funds generated in addition to those used for existing
79	education, health, and development programs. Existing education,
80	health, and development programs are those funded by the State
81	as of January 1, 2002, that provided for child or adult
82	education, health care, or development.
83	ARTICLE XII
84	SCHEDULE
85	SECTION 31.  Class size requirements for public schools.-
86	The amendment to Section 1 of Article IX, relating to class size
87	requirements for public schools, and this section shall take
88	effect upon approval by the electors and shall operate
89	retroactively to the beginning of the 2010-2011 school year.
90	BE IT FURTHER RESOLVED that the following statement be
91	placed on the ballot:
92	CONSTITUTIONAL AMENDMENT
93	ARTICLE IX, SECTION 1
94	ARTICLE XII, SECTION 31
95	REVISION OF THE CLASS SIZE REQUIREMENTS FOR PUBLIC
96	SCHOOLS.-The Florida Constitution currently limits the maximum
97	number of students assigned to each teacher in public school
98	classrooms in the following grade groupings: for prekindergarten
99	through grade 3, 18 students; for grades 4 through 8, 22
100	students; and for grades 9 through 12, 25 students. Under this
101	amendment, the current limits on the maximum number of students
102	assigned to each teacher in public school classrooms would
103	become limits on the average number of students assigned per
104	class to each teacher, by specified grade grouping, in each
105	public school. This amendment also adopts new limits on the
106	maximum number of students assigned to each teacher in an
107	individual classroom as follows: for prekindergarten through
108	grade 3, 21 students; for grades 4 through 8, 27 students; and
109	for grades 9 through 12, 30 students. This amendment specifies
110	that class size limits do not apply to virtual classes, requires
111	the Legislature to provide sufficient funds to maintain the
112	average number of students required by this amendment, and
113	schedules these revisions to take effect upon approval by the
114	electors of this state and to operate retroactively to the
115	beginning of the 2010-2011 school year.

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