January 22, 2021
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_h7039__
HJR 7039

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


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