Florida Senate - 2007                           CS for SB 1046

    By the Committee on Education Pre-K - 12 Appropriations; and
    Senator Wise




    602-2271-07

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         551.106, F.S.; providing that certain funds

  4         transferred to the Educational Enhancement

  5         Trust Fund may be used for recurring

  6         appropriations; amending s. 1003.01, F.S.;

  7         clarifying that the term "exceptional student"

  8         for purposes of ch. 1003, F.S., includes gifted

  9         students in grades K through 8; amending s.

10         1003.03, F.S.; defining the terms "team

11         teaching," "co-teaching," and "inclusion

12         teaching" for purposes of provisions

13         authorizing the use of various teaching

14         strategies in order to implement requirements

15         for class-size reduction; amending s. 1011.62,

16         F.S.; providing a formula for calculating a

17         supplemental allocation for juvenile justice

18         education programs; deleting certain

19         categorical appropriations that a district

20         school board may, pursuant to resolution,

21         transfer and use for academic classroom

22         instruction; repealing s. 1011.71(5)(b), F.S.,

23         relating to obsolete provisions limiting

24         certain uses of proceeds from the district

25         school tax; providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Paragraph (c) of subsection (2) of section

30  551.106, Florida Statutes, is amended to read:

31         551.106  License fee; tax rate; penalties.--

                                  1

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

Florida Senate - 2007 CS for SB 1046 602-2271-07 1 (2) TAX ON SLOT MACHINE REVENUES.-- 2 (c)1. Funds transferred to the Educational Enhancement 3 Trust Fund under paragraph (b) shall be used to supplement 4 public education funding statewide and shall not be used for 5 recurring appropriations. 6 2. If necessary to comply with any covenant 7 established pursuant to s. 1013.68(4), s. 1013.70(1), or s. 8 1013.737(3), funds transferred to the Educational Enhancement 9 Trust Fund under paragraph (b) shall first be available to pay 10 debt service on lottery bonds issued to fund school 11 construction in the event lottery revenues are insufficient 12 for such purpose or to satisfy debt service reserve 13 requirements established in connection with lottery bonds. 14 Moneys available pursuant to this subparagraph are subject to 15 annual appropriation by the Legislature. 16 Section 2. Paragraph (a) of subsection (3) of section 17 1003.01, Florida Statutes, is amended to read: 18 1003.01 Definitions.--As used in this chapter, the 19 term: 20 (3)(a) "Exceptional student" means any student who has 21 been determined eligible for a special program in accordance 22 with rules of the State Board of Education. The term includes 23 students who are gifted in grades K through 8 and students 24 with disabilities who are mentally handicapped, speech and 25 language impaired, deaf or hard of hearing, visually impaired, 26 dual sensory impaired, physically impaired, emotionally 27 handicapped, specific learning disabled, hospital and 28 homebound, autistic, developmentally delayed children, ages 29 birth through 5 years, or children, ages birth through 2 30 years, with established conditions that are identified in 31 State Board of Education rules pursuant to s. 1003.21(1)(e). 2 CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1046 602-2271-07 1 Section 3. Subsection (5) of section 1003.03, Florida 2 Statutes, is amended to read: 3 1003.03 Maximum class size.-- 4 (5) TEAM-TEACHING STRATEGIES.-- 5 (a) School districts may use teaching strategies that 6 include the assignment of more than one teacher to a classroom 7 of students and that were implemented before July 1, 2005. 8 Effective July 1, 2005, school districts may implement 9 additional teaching strategies that include the assignment of 10 more than one teacher to a classroom of students for the 11 following purposes only: 12 1. Pairing teachers for the purpose of staff 13 development. 14 2. Pairing new teachers with veteran teachers. 15 3. Reducing turnover among new teachers. 16 4. Pairing teachers who are teaching out-of-field with 17 teachers who are in-field. 18 5. Providing for more flexibility and innovation in 19 the classroom. 20 6. Improving learning opportunities for students, 21 including students who have disabilities. 22 (b) Teaching strategies, including team teaching, 23 co-teaching, or inclusion teaching, implemented on or after 24 July 1, 2005, pursuant to paragraph (a) may be implemented 25 subject to the following restrictions: 26 1. Reasonable limits shall be placed on the number of 27 students in a classroom so that classrooms are not 28 overcrowded. Teacher-to-student ratios within a curriculum 29 area or grade level must not exceed constitutional limits. 30 2. At least one member of the team must have at least 31 3 years of teaching experience. 3 CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1046 602-2271-07 1 3. At least one member of the team must be teaching 2 in-field. 3 4. The teachers must be trained in team-teaching 4 methods within 1 year after assignment. 5 (c) As used in this subsection, the term: 6 1. "Team teaching" or "co-teaching" means two or more 7 teachers are assigned to a group of students and each teacher 8 is responsible for all of the students during the entire class 9 period. In order to be considered team teaching or 10 co-teaching, each teacher is responsible for planning, 11 delivering, and evaluating instruction for all students in the 12 class or subject for the entire class period. 13 2. "Inclusion teaching" means two or more teachers are 14 assigned to a group of students, but one of the teachers is 15 responsible for only one student or a small group of students 16 in the classroom. 17 18 The use of strategies implemented as outlined in this 19 subsection meets the letter and intent of the Florida 20 Constitution and the Florida Statutes which relate to 21 implementing class-size reduction, and this subsection applies 22 retroactively. A school district may not be penalized 23 financially or otherwise as a result of the use of any legal 24 strategy, including, but not limited to, those set forth in 25 subsection (3) and this subsection. 26 Section 4. Present paragraphs (p), (q), (r), (s), and 27 (t) of subsection (1) of section 1011.62, Florida Statutes, 28 are redesignated as paragraphs (q), (r), (s), (t), and (u), 29 respectively, a new paragraph (p) is added to that subsection, 30 and paragraph (b) of subsection (6) of that section is 31 amended, to read: 4 CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1046 602-2271-07 1 1011.62 Funds for operation of schools.--If the annual 2 allocation from the Florida Education Finance Program to each 3 district for operation of schools is not determined in the 4 annual appropriations act or the substantive bill implementing 5 the annual appropriations act, it shall be determined as 6 follows: 7 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 8 OPERATION.--The following procedure shall be followed in 9 determining the annual allocation to each district for 10 operation: 11 (p) Calculation of supplemental allocation for 12 juvenile justice education programs.--Beginning with the 13 2007-2008 General Appropriations Act, the total K-12 weighted 14 full-time equivalent student membership in juvenile justice 15 education programs in each school district shall be multiplied 16 by the amount of the state average class-size-reduction factor 17 multiplied by the district's cost differential. An amount 18 equal to the sum of this calculation shall be allocated in the 19 FEFP to each school district to supplement other sources of 20 funding for students in juvenile justice education programs. 21 (6) CATEGORICAL FUNDS.-- 22 (b) If a district school board finds and declares in a 23 resolution adopted at a regular meeting of the school board 24 that the funds received for any of the following categorical 25 appropriations are urgently needed to maintain school board 26 specified academic classroom instruction, the school board may 27 consider and approve an amendment to the school district 28 operating budget transferring the identified amount of the 29 categorical funds to the appropriate account for expenditure: 30 1. Funds for student transportation. 31 5 CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1046 602-2271-07 1 2. Funds for in-service educational personnel 2 training. 3 2.3. Funds for safe schools. 4 4. Funds for public school technology. 5 3.5. Funds for supplemental academic instruction. 6 Section 5. Paragraph (b) of subsection (5) of section 7 1011.71, Florida Statutes, is repealed. 8 Section 6. This act shall take effect July 1, 2007. 9 10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR 11 Senate Bill 1046 12 13 The Committee Substitute: 14 Allows slot machine revenues transferred to the Educational Enhancement Trust Fund to be appropriated as recurring funds. 15 Defines exceptional students who have been determined to be 16 eligible for a special program to include students who are gifted in grades K-8. 17 Defines the following terms: Team Teaching; Co-teaching; and 18 Inclusion Teaching as these terms relate to minimum class size. 19 Prescribes the methodology to be used to calculate a 20 supplemental allocation for juvenile justice education programs funded in the Florida Education Finance Program. 21 Deletes obsolete provisions related to categorical funds and 22 an expired time line relating to the expenditure of funds. 23 24 25 26 27 28 29 30 31 6 CODING: Words stricken are deletions; words underlined are additions.