Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 1466
                                Barcode 803184                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/27/2011 08:53 AM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 119 and 120
    4  insert:
    5         (4) ACCOUNTABILITY.—
    6         (a) If the department determines that the number of
    7  students assigned to any individual class exceeds the class size
    8  maximum, as required in subsection (1), based upon the October
    9  student membership survey, the department shall:
   10         1. Identify, for each grade group, the number of classes in
   11  which the number of students exceeds the maximum and the total
   12  number of students which exceeds the maximum for all classes.
   13         2. Determine the number of FTE students which exceeds the
   14  maximum for each grade group.
   15         3. Multiply the total number of FTE students which exceeds
   16  the maximum for each grade group by the district’s FTE dollar
   17  amount of the class size categorical allocation for that year
   18  and calculate the total for all three grade groups.
   19         4. Multiply the total number of FTE students which exceeds
   20  the maximum for all classes by an amount equal to 50 percent of
   21  the base student allocation adjusted by the district cost
   22  differential for the 2010-2011 fiscal year and by an amount
   23  equal to the base student allocation adjusted by the district
   24  cost differential beginning in the 2011-2012 fiscal year and
   25  thereafter.
   26         5. Reduce the district’s class size categorical allocation
   27  by an amount equal to the sum of the calculations in
   28  subparagraphs 3. and 4.
   29         (b) The amount of funds reduced shall be the lesser of the
   30  amount calculated in paragraph (a) or the undistributed balance
   31  of the district’s class size categorical allocation. The Florida
   32  Education Finance Program Appropriation Allocation Conference
   33  shall verify the department’s calculation in paragraph (a). The
   34  commissioner may withhold distribution of the class size
   35  categorical allocation to the extent necessary to comply with
   36  paragraph (a).
   37         (c) In lieu of the reduction calculation in paragraph (a),
   38  if the Commissioner of Education has evidence that a district
   39  was unable to meet the class size requirements despite
   40  appropriate efforts to do so or because of an extreme emergency,
   41  the commissioner may recommend by February 15, subject to
   42  approval of the Legislative Budget Commission, the reduction of
   43  an alternate amount of funds from the district’s class size
   44  categorical allocation.
   45         (d) Upon approval of the reduction calculation in
   46  paragraphs (a)-(c), the commissioner must prepare a reallocation
   47  of the funds made available for the districts that have fully
   48  met the class size requirements. The funds shall be reallocated
   49  by calculating an amount of up to 5 percent of the base student
   50  allocation multiplied by the total district FTE students. The
   51  reallocation total may not exceed 25 percent of the total funds
   52  reduced.
   53         (e) Each district that has not complied with the
   54  requirements in subsection (1) shall submit to the commissioner
   55  by February 15 a plan certified by the district school board
   56  that describes the specific actions the district will take in
   57  order to fully comply with the requirements in subsection (1) by
   58  October of the following school year. If a district submits the
   59  certified plan by the required deadline, the funds remaining
   60  after the reallocation calculation in paragraph (d) shall be
   61  added back to the district’s class size categorical allocation
   62  based on each qualifying district’s proportion of the total
   63  reduction for all qualifying districts for which a reduction was
   64  calculated in paragraphs (a)-(c). However, no district shall
   65  have an amount added back that is greater than the amount that
   66  was reduced.
   67         (f) The department shall adjust school district class size
   68  reduction categorical allocation distributions based on the
   69  calculations in paragraphs (a)-(e).
   70         (4)(5) TEAM-TEACHING STRATEGIES.—
   71         (a) School districts may use teaching strategies that
   72  include the assignment of more than one teacher to a classroom
   73  of students and that were implemented before July 1, 2005.
   74  Effective July 1, 2005, school districts may implement
   75  additional teaching strategies that include the assignment of
   76  more than one teacher to a classroom of students for the
   77  following purposes only:
   78         1. Pairing teachers for the purpose of staff development.
   79         2. Pairing new teachers with veteran teachers.
   80         3. Reducing turnover among new teachers.
   81         4. Pairing teachers who are teaching out-of-field with
   82  teachers who are in-field.
   83         5. Providing for more flexibility and innovation in the
   84  classroom.
   85         6. Improving learning opportunities for students, including
   86  students who have disabilities.
   87         (b) Teaching strategies, including team teaching, co
   88  teaching, or inclusion teaching, implemented on or after July 1,
   89  2005, pursuant to paragraph (a) may be implemented subject to
   90  the following restrictions:
   91         1. Reasonable limits shall be placed on the number of
   92  students in a classroom so that classrooms are not overcrowded.
   93  Teacher-to-student ratios within a curriculum area or grade
   94  level must not exceed constitutional limits.
   95         2. At least one member of the team must have at least 3
   96  years of teaching experience.
   97         3. At least one member of the team must be teaching in
   98  field.
   99         4. The teachers must be trained in team-teaching methods
  100  within 1 year after assignment.
  101         (c) As used in this subsection, the term:
  102         1. “Team teaching” or “co-teaching” means two or more
  103  teachers are assigned to a group of students and each teacher is
  104  responsible for all of the students during the entire class
  105  period. In order to be considered team teaching or co-teaching,
  106  each teacher is responsible for planning, delivering, and
  107  evaluating instruction for all students in the class or subject
  108  for the entire class period.
  109         2. “Inclusion teaching” means two or more teachers are
  110  assigned to a group of students, but one of the teachers is
  111  responsible for only one student or a small group of students in
  112  the classroom.
  114  The use of strategies implemented as outlined in this subsection
  115  meets the letter and intent of the Florida Constitution and the
  116  Florida Statutes which relate to implementing class size
  117  reduction, and this subsection applies retroactively. A school
  118  district may not be penalized financially or otherwise as a
  119  result of the use of any legal strategy, including, but not
  120  limited to, those set forth in subsection (3) and this
  121  subsection.
  122         Section 3. Subsection (3) is added to section 1003.44,
  123  Florida Statutes, to read:
  124         1003.44 Patriotic programs; rules.—
  125         (3)(a) Each district school board shall designate one month
  126  of the school year to celebrate the Founding Fathers of the
  127  United States of America and the principles inherent in the
  128  country’s founding documents. This month may be coordinated with
  129  Celebrate Freedom Week which is observed pursuant to s.
  130  1003.421.
  131         (b) During the designated month, students shall be provided
  132  instruction that focuses on:
  133         1. The leading figures present at the country’s founding
  134  who were instrumental in crafting the founding documents and
  135  setting democratic political precedent.
  136         2. The moral and civic virtue, self-sacrifice, intellectual
  137  genius, and patriotism demonstrated by the country’s founding
  138  fathers.
  139         3. The founding documents, including, but not limited to,
  140  the Declaration of Independence, the Constitution of the United
  141  States, the Bill of Rights, and the Federalist Papers.
  142         4. The historical and philosophical importance of the
  143  Declaration of Independence with its emphasis that all people
  144  “are endowed by their Creator with certain unalienable rights,
  145  that among these are life, liberty, and the pursuit of
  146  happiness.”
  147         5. The principles inherent in the founding documents,
  148  including, but not limited to, individual freedom, limited
  149  representative democratic government, a free market economy and
  150  system, civic virtue, national sovereignty, natural law, and
  151  self-evident truth.
  152         (c) The instruction may be integrated into the existing
  153  school curriculum through methods including, but not limited to,
  154  supplementing lesson plans, holding school assemblies, or
  155  providing school-related activities.
  157  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  158         And the directory clause is amended as follows:
  159         Delete line 70
  160  and insert:
  161         Section 2. Subsections (1), (2), (4), and (5) of section
  162  1003.03,
  164  ================= T I T L E  A M E N D M E N T ================
  165         And the title is amended as follows:
  166         Delete lines 2 - 23
  167  and insert:
  168         An act relating to public education; amending s.
  169         1003.01, F.S.; redefining the terms “core-curricula
  170         courses” and “extracurricular courses”; amending s.
  171         1003.03, F.S.; deleting a reference to the State
  172         Constitution regarding class size maximums; requiring
  173         that class size maximums be satisfied on or before the
  174         October student membership survey each year; requiring
  175         that the class size maximums be maintained after the
  176         October student membership survey unless certain
  177         conditions occur; providing that a student who enrolls
  178         in a school after the October student membership
  179         survey may be assigned to classes that temporarily
  180         exceed class size maximums if the school board
  181         determines that not assigning the student would be
  182         impractical, educationally unsound, or disruptive to
  183         student learning; providing for a specified number of
  184         students to be assigned above the maximum if the
  185         district school board makes this determination;
  186         requiring that the district school board develop a
  187         plan providing that the school will be in full
  188         compliance with the maximum class size requirements by
  189         the next October student membership survey; deleting
  190         provisions that impose financial penalties, and
  191         provide calculations therefor, on school districts
  192         that do not meet maximum class size requirements;
  193         amending s. 1003.44, F.S.; requiring district school
  194         boards to designate one month of the school year to
  195         celebrate the Founding Fathers of the United States of
  196         America and the principles inherent in the country’s
  197         founding documents; specifying the focus of
  198         instruction during the designated month; providing
  199         that instruction may be integrated into the existing
  200         school curriculum; amending