Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 1466
                                Barcode 297778                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/27/2011 10:41 AM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 127 - 132
    4  and insert:
    5         (3) IMPLEMENTATION OPTIONS.—District school boards must
    6  consider, but are not limited to, implementing the following
    7  items in order to meet the constitutional class size maximums
    8  described in subsection (1):
    9         (a) Adopt policies to encourage qualified students to take
   10  dual enrollment courses.
   11         (b) Adopt policies to encourage students to take courses
   12  from the Florida Virtual School and school district virtual
   13  instruction programs.
   14         (c)1. Repeal district school board policies that require
   15  students to have more than 24 credits to graduate from high
   16  school.
   17         2. Adopt policies to allow students to graduate from high
   18  school as soon as they pass the grade 10 FCAT and complete the
   19  courses required for high school graduation.
   20         (d) Use methods to maximize use of instructional staff,
   21  such as changing required teaching loads and scheduling of
   22  planning periods, deploying district employees that have
   23  professional certification to the classroom, using adjunct
   24  educators, or any other method not prohibited by law.
   25         (e) Use innovative methods to reduce the cost of school
   26  construction by using prototype school designs, using SMART
   27  Schools designs, participating in the School Infrastructure
   28  Thrift Program, or any other method not prohibited by law.
   29         (f) Use joint-use facilities through partnerships with
   30  community colleges, state universities, and private colleges and
   31  universities. Joint-use facilities available for use as K-12
   32  classrooms that do not meet the K-12 State Regulations for
   33  Educational Facilities in the Florida Building Code may be used
   34  at the discretion of the district school board provided that
   35  such facilities meet all other health, life, safety, and fire
   36  codes.
   37         (g) Adopt alternative methods of class scheduling, such as
   38  block scheduling.
   39         (h) Redraw school attendance zones to maximize use of
   40  facilities while minimizing the additional use of
   41  transportation.
   42         (i) Operate schools beyond the normal operating hours to
   43  provide classes in the evening or operate more than one session
   44  of school during the day.
   45         (j) Use year-round schools and other nontraditional
   46  calendars that do not adversely impact annual assessment of
   47  student achievement.
   48         (k) Review and consider amending any collective bargaining
   49  contracts that hinder the implementation of class size
   50  reduction.
   51         (l) Use any other approach not prohibited by law.
   52         (4) ACCOUNTABILITY.—
   53         (a) If the department determines that the number of
   54  students assigned to any individual class exceeds the class size
   55  maximum, as required in subsection (1), based upon the October
   56  student membership survey, the department shall:
   57         1. Identify, for each grade group, the number of classes in
   58  which the number of students exceeds the maximum and the total
   59  number of students which exceeds the maximum for all classes.
   60         2. Determine the number of FTE students which exceeds the
   61  maximum for each grade group.
   62         3. Multiply the total number of FTE students which exceeds
   63  the maximum for each grade group by the district’s FTE dollar
   64  amount of the class size categorical allocation for that year
   65  and calculate the total for all three grade groups.
   66         4. Multiply the total number of FTE students which exceeds
   67  the maximum for all classes by an amount equal to 50 percent of
   68  the base student allocation adjusted by the district cost
   69  differential for the 2010-2011 fiscal year and by an amount
   70  equal to the base student allocation adjusted by the district
   71  cost differential beginning in the 2011-2012 fiscal year and
   72  thereafter.
   73         5. Reduce the district’s class size categorical allocation
   74  by an amount equal to the sum of the calculations in
   75  subparagraphs 3. and 4.
   76         (b) The amount of funds reduced shall be the lesser of the
   77  amount calculated in paragraph (a) or the undistributed balance
   78  of the district’s class size categorical allocation. The Florida
   79  Education Finance Program Appropriation Allocation Conference
   80  shall verify the department’s calculation in paragraph (a). The
   81  commissioner may withhold distribution of the class size
   82  categorical allocation to the extent necessary to comply with
   83  paragraph (a).
   84         (c) In lieu of the reduction calculation in paragraph (a),
   85  if the Commissioner of Education has evidence that a district
   86  was unable to meet the class size requirements despite
   87  appropriate efforts to do so or because of an extreme emergency,
   88  the commissioner may recommend by February 15, subject to
   89  approval of the Legislative Budget Commission, the reduction of
   90  an alternate amount of funds from the district’s class size
   91  categorical allocation.
   92         (d) Upon approval of the reduction calculation in
   93  paragraphs (a)-(c), the commissioner must prepare a reallocation
   94  of the funds made available for the districts that have fully
   95  met the class size requirements. The funds shall be reallocated
   96  by calculating an amount of up to 5 percent of the base student
   97  allocation multiplied by the total district FTE students. The
   98  reallocation total may not exceed 25 percent of the total funds
   99  reduced.
  100         (e) Each district that has not complied with the
  101  requirements in subsection (1) shall submit to the commissioner
  102  by February 15 a plan certified by the district school board
  103  that describes the specific actions the district will take in
  104  order to fully comply with the requirements in subsection (1) by
  105  October of the following school year. If a district submits the
  106  certified plan by the required deadline, the funds remaining
  107  after the reallocation calculation in paragraph (d) shall be
  108  added back to the district’s class size categorical allocation
  109  based on each qualifying district’s proportion of the total
  110  reduction for all qualifying districts for which a reduction was
  111  calculated in paragraphs (a)-(c). However, no district shall
  112  have an amount added back that is greater than the amount that
  113  was reduced.
  114         (f) The department shall adjust school district class size
  115  reduction categorical allocation distributions based on the
  116  calculations in paragraphs (a)-(e).
  117         (4)(5) TEAM-TEACHING STRATEGIES.—
  118         (a) School districts may use teaching strategies that
  119  include the assignment of more than one teacher to a classroom
  120  of students and that were implemented before July 1, 2005.
  121  Effective July 1, 2005, school districts may implement
  122  additional teaching strategies that include the assignment of
  123  more than one teacher to a classroom of students for the
  124  following purposes only:
  125         1. Pairing teachers for the purpose of staff development.
  126         2. Pairing new teachers with veteran teachers.
  127         3. Reducing turnover among new teachers.
  128         4. Pairing teachers who are teaching out-of-field with
  129  teachers who are in-field.
  130         5. Providing for more flexibility and innovation in the
  131  classroom.
  132         6. Improving learning opportunities for students, including
  133  students who have disabilities.
  134         (b) Teaching strategies, including team teaching, co
  135  teaching, or inclusion teaching, implemented on or after July 1,
  136  2005, pursuant to paragraph (a) may be implemented subject to
  137  the following restrictions:
  138         1. Reasonable limits shall be placed on the number of
  139  students in a classroom so that classrooms are not overcrowded.
  140  Teacher-to-student ratios within a curriculum area or grade
  141  level must not exceed constitutional limits.
  142         2. At least one member of the team must have at least 3
  143  years of teaching experience.
  144         3. At least one member of the team must be teaching in
  145  field.
  146         4. The teachers must be trained in team-teaching methods
  147  within 1 year after assignment.
  148         (c) As used in this subsection, the term:
  149         1. “Team teaching” or “co-teaching” means two or more
  150  teachers are assigned to a group of students and each teacher is
  151  responsible for all of the students during the entire class
  152  period. In order to be considered team teaching or co-teaching,
  153  each teacher is responsible for planning, delivering, and
  154  evaluating instruction for all students in the class or subject
  155  for the entire class period.
  156         2. “Inclusion teaching” means two or more teachers are
  157  assigned to a group of students, but one of the teachers is
  158  responsible for only one student or a small group of students in
  159  the classroom.
  161  The use of strategies implemented as outlined in this subsection
  162  meets the letter and intent of the Florida Constitution and the
  163  Florida Statutes which relate to implementing class size
  164  reduction, and this subsection applies retroactively. A school
  165  district may not be penalized financially or otherwise as a
  166  result of the use of any legal strategy, including, but not
  167  limited to, those set forth in subsection (3) and this
  168  subsection.
  169         (5) COURSES FOR COMPLIANCE.—Consistent with the provisions
  170  in ss. 1003.01(14) and 1003.428, the Department of Education
  171  shall identify from the Course Code Directory the core-curricula
  172  courses for the purpose of satisfying the maximum class size
  173  requirement in this section. The department may adopt rules to
  174  implement this subsection, if necessary.
  175         Section 3. Subsection (3) is added to section 1003.44,
  176  Florida Statutes, to read:
  177         1003.44 Patriotic programs; rules.—
  178         (3)(a) Each district school board shall designate one month
  179  of the school year to celebrate the Founding Fathers of the
  180  United States of America and the principles inherent in the
  181  country’s founding documents. This month may be coordinated with
  182  Celebrate Freedom Week which is observed pursuant to s.
  183  1003.421.
  184         (b) During the designated month, students shall be provided
  185  instruction that focuses on:
  186         1. The leading figures present at the country’s founding
  187  who were instrumental in crafting the founding documents and
  188  setting democratic political precedent.
  189         2. The moral and civic virtue, self-sacrifice, intellectual
  190  genius, and patriotism demonstrated by the country’s founding
  191  fathers.
  192         3. The founding documents, including, but not limited to,
  193  the Declaration of Independence, the Constitution of the United
  194  States, the Bill of Rights, and the Federalist Papers.
  195         4. The historical and philosophical importance of the
  196  Declaration of Independence with its emphasis that all people
  197  “are endowed by their Creator with certain unalienable rights,
  198  that among these are life, liberty, and the pursuit of
  199  happiness.”
  200         5. The principles inherent in the founding documents,
  201  including, but not limited to, individual freedom, limited
  202  representative democratic government, a free market economy and
  203  system, civic virtue, national sovereignty, natural law, and
  204  self-evident truth.
  205         (c) The instruction may be integrated into the existing
  206  school curriculum through methods including, but not limited to,
  207  supplementing lesson plans, holding school assemblies, or
  208  providing school-related activities.
  210  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  211         And the directory clause is amended as follows:
  212         Delete lines 73 - 75
  213  and insert:
  214         Section 2. Section 1003.03, Florida Statutes, is amended to
  215  read:
  217  ================= T I T L E  A M E N D M E N T ================
  218         And the title is amended as follows:
  219         Delete lines 2 - 28
  220  and insert:
  221         An act relating to public education; amending s.
  222         1003.01, F.S.; redefining the terms “core-curricula
  223         courses” and “extracurricular courses”; amending s.
  224         1003.03, F.S.; deleting a reference to the State
  225         Constitution regarding class size maximums; requiring
  226         that class size maximums be satisfied on or before the
  227         October student membership survey each year; requiring
  228         that the class size maximums be maintained after the
  229         October student membership survey unless certain
  230         conditions occur; providing that a student who enrolls
  231         in a school after the October student membership
  232         survey may be assigned to classes that temporarily
  233         exceed class size maximums if the school board
  234         determines that not assigning the student would be
  235         impractical, educationally unsound, or disruptive to
  236         student learning; providing for a specified number of
  237         students to be assigned above the maximum if the
  238         district school board makes this determination;
  239         requiring that the district school board develop a
  240         plan providing that the school will be in full
  241         compliance with the maximum class size requirements by
  242         the next October student membership survey; deleting
  243         provisions that impose financial penalties, and
  244         provide calculations therefor, on school districts
  245         that do not meet maximum class size requirements;
  246         requiring that the Department of Education identify
  247         from the Course Code Directory the core-curricula
  248         courses for the purpose of satisfying the maximum
  249         class size requirement; authorizing the department to
  250         adopt rules; amending s. 1003.44, F.S.; requiring
  251         district school boards to designate one month of the
  252         school year to celebrate the Founding Fathers of the
  253         United States of America and the principles inherent
  254         in the country’s founding documents; specifying the
  255         focus of instruction during the designated month;
  256         providing that instruction may be integrated into the
  257         existing school curriculum; amending s. 1011.685,
  258         F.S.; revising provisions