Florida Senate - 2017 SB 808
By Senator Mayfield
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.
24 Be It Enacted by the Legislature of the State of Florida:
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
(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
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
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
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
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
219 Section 6. This act shall take effect July 1, 2017.