Florida Amendment 8, Average Class Size Limitation Amendment (2010)

Florida Amendment 8
Election date November 2, 2010
Topic School class size policy
Status Defeated
Type Legislatively referred constitutional amendment	Origin State legislature

Florida Amendment 8 was on the ballot as a legislatively referred constitutional amendment in Florida on November 2, 2010. It was defeated.

A “yes” vote supported establishing limits on average number of students assigned per class to each teacher in public schools, as opposed to on actual class size.

A “no” vote opposed establishing limits on average number of students assigned per class to each teacher in public schools, as opposed to on actual class size.

Election results

Florida Amendment 8
Result		Votes	Percentage
Yes		2,751,878	54.49%
No		2,298,001	45.51%

Results are officially certified.

Source

Background

See also: Florida Reduce Class Size, Amendment 9 (2002)

Class size limits were first introduced in 2002 when Amendment 9 was approved by Florida voters - 52% were in favor. The amendment to the state Constitution required that the class sizes be limited by Fall 2010. High school classes would have been limited to 25 students; fourth through eighth grades to 22 students; and pre-kindergarten through third grade to 18 students. The Florida Department of Education estimated in early 2010 that 2,769 schools statewide still would not be able to comply. According to the Department of Education 33% of pre-kindergarten classes didn't meet the cap in Fall 2009. Additionally, 30% of middle schools and 38% of high schools didn't meet the requirement that same year.

Fiscal impact

According to reports, from 2003 till early 2010, the state spent approximately $15.8 billion in order to help reduce class sizes through out the state. The Florida Department of Education reported that an additional $350 million was needed to meet class-size caps - including more classroom space and teachers. This cost took into account cuts to health, education and other state programs in order to eliminate a looming $3.2 billion state budget shortfall. According to reports, if the proposed amendment was approved, no costs would be incurred.

Text of measure

Ballot title

The ballot title for Amendment 8 was as follows:

“

The Florida Constitution currently limits the maximum number of students assigned to each teacher in public school classrooms in the following grade groupings: for prekindergarten through grade 3, 18 students; for grades 4 through 8, 22 students; and for grades 9 through 12, 25 students. Under this amendment, the current limits on the maximum number of students assigned to each teacher in public school classrooms would become limits on the average number of students assigned per class to each teacher, by specified grade grouping, in each public school. This amendment also adopts new limits on the maximum number of students assigned to each teacher in an individual classroom as follows: for prekindergarten through grade 3, 21 students; for grades 4 through 8, 27 students; and for grades 9 through 12, 30 students. This amendment specifies that class size limits do not apply to virtual classes, requires the Legislature to provide sufficient funds to maintain the average number of students required by this amendment, and schedules these revisions to take effect upon approval by the electors of this state and to operate retroactively to the beginning of the 2010-2011 school year.

”

Full Text

The full text of this measure is available here.

Constitutional changes

Note: Hover over the text and scroll to see the full text.

Section 1. Public education.--

(a) The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require. To assure that children attending public schools obtain a high quality education, the legislature shall make adequate provision to ensure that, by the beginning of the 2010-2011 2010 school year and for each school year thereafter, there are a sufficient number of classrooms so that:

(1) Within each public school, the average maximum number of students who are assigned per class to each teacher who is teaching in public school classrooms for prekindergarten through grade 3 does not exceed 18 students and the maximum number of students assigned to each teacher in an individual classroom does not exceed 21 students;

(2) Within each public school, the average maximum number of students who are assigned per class to each teacher who is teaching in public school classrooms for grades 4 through 8 does not exceed 22 students and the maximum number of students assigned to each teacher in an individual classroom does not exceed 27 students; and

(3) Within each public school, the average maximum number of students who are assigned per class to each teacher who is teaching in public school classrooms for grades 9 through 12 does not exceed 25 students and the maximum number of students assigned to each teacher in an individual classroom does not exceed 30 students.

The class size requirements of this subsection do not apply to extracurricular or virtual classes. Payment of the costs associated with meeting reducing class size to meet these requirements is the responsibility of the state and not of local school schools districts. Beginning with the 2003-2004 fiscal year, The legislature shall provide sufficient funds to maintain reduce the average number of students required by in each classroom by at least two students per year until the maximum number of students per classroom does not exceed the requirements of this subsection.

(b) Every four-year old child in Florida shall be provided by the State a high quality prekindergarten pre-kindergarten learning opportunity in the form of an early childhood development and education program which shall be voluntary, high quality, free, and delivered according to professionally accepted standards. An early childhood development and education program means an organized program designed to address and enhance each child’s ability to make age appropriate progress in an appropriate range of settings in the development of language and cognitive capabilities and emotional, social, regulatory, and moral capacities through education in basic skills and such other skills as the Legislature may determine to be appropriate.

(c) The early childhood education and development programs provided by reason of subsection subparagraph (b) shall be implemented no later than the beginning of the 2005 school year through funds generated in addition to those used for existing education, health, and development programs. Existing education, health, and development programs are those funded by the State as of January 1, 2002, that provided for child or adult education, health care, or development. SECTION 31. Class size requirements for public schools.--

The amendment to Section 1 of Article IX, relating to class size requirements for public schools, and this section shall take effect upon approval by the electors and shall operate retroactively to the beginning of the 2010-2011 school year.

Support

The class size amendment was sponsored by Sen. Don Gaetz and Rep. Will Weatherford, who said they were trying to "right class size." According to the two lawmakers, the amendment was necessary to "save millions that could go, instead, for such purposes as teacher pay raises." Weatherford said, "If we don't create flexibility, we will have rezoning. We will have busing all over the state of Florida."

The campaign for Amendment 8 was officially kicked off on September 21, 2010 with numerous speakers, including Rep. Will Weatherford. According to Ron Sachs, a spokesperson for the campaign, said they plan to rely on grass roots support from local superintendents and principals.

Four gubernatorial candidates announced their support for the proposed constitutional amendment - Democrat Alex Sink, Independent Bud Chiles and Republicans Attorney General Bill McCollum and Rick Scott. Gov. Charlie Crist was also in support of the proposed constitutional amendment. Crist described it as "a more reasonable approach that does not overburden taxpayers."

Arguments

• Walton County Superintendent Carlene Anderson said, "We’re asking the voters to support this because there is no flexibility in the current constitutional amendment."
• Okaloosa County Superintendent Alexis Tibbetts said, "Although smaller classes are desirable, it’s not the overriding factor for student success. What the research shows is it’s not the number of students in the classroom, it’s the person standing in front of the classroom."
• Sen. Stephen Wise, chair of the Senate Education Appropriations Committee, described the proposed amendment as a "necessity" financially. "When it comes down to it, the amendment sounded good until you have to do it. Principals know that. And I don’t know of a principal I’ve spoken to who couldn’t do with some extra flexibility," said Wise.
• Former Florida Gov. Jeb Bush was a supporter of the 2010 proposal and was an opponent of the class size cap approved in 2002. In an August 24 education meeting in Utah that Bush was invited to address he said, "I do not know of any research that suggests that lower-class size has any impact on student learning until you get down to a significantly lower number. And the research there is very scant."

Supporters argued that the amendment would:

• "allow school administrators more flexibility by allowing up to three additional students in pre-kindergarten to third-grade classrooms and an additional five students in grades four through 12"
• "keeps class sizes at a level where teachers can teach and children can learn"

Opposition

The proposed amendment was opposed by the statewide teachers union - Florida Education Association and U.S. Rep. Kendrick Meek, who first introduced an amendment to reduce class sizes in a 2002 campaign. Mark Pudlow of the Federal Education Association said, "voters were pretty clear in 2002 that they wanted this." Florida Democrats also argue that the measure is "meddling with voters' decision in 2002."

Arguments

• Sen. Frederica Wilson argued that the measure would have led to massive spending on campaigns and advertisements, when instead the funds could have been used to help the state's economy.

• Rep. Bill Heller said, "I really do feel that class size is the right thing for children. We have it. It's in the constitution and we ought to maintain it." Heller argued that the proposed amendment would have only "unravel[ed]" the existing limits. Rep. Heller said,"Class size does matter. It makes a difference to students and those who teach them."

• FEA president Andy Ford said, "I think it's time the Legislature keep the promise to the voters and make sure we have a school system that is high quality, well funded and able to compete in a global economy."

• In response to arguments that school districts were unable to comply with the class size restrictions Ingrid Olsen, spokesperson for the No on 8 campaign said schools were only struggling because the Florida Legislature did not "adequately pay to reduce class sizes."

Media editorial positions

Main article: Endorsements of Florida ballot measures, 2010

Support

• The St. Petersburg Times supported the proposed measure. The editorial board said, "There WAS no disputing that a constitutional amendment on the November ballot to loosen class size requirements would save taxpayers money. Now Florida TaxWatch has estimated the savings, and they are substantial: Up to $1 billion annually. That is a lot of money that could be better spent on real education reform, not just counting heads in the classroom. Amendment 8 won't eliminate Florida's smaller class sizes; it will just make the voter mandate far more manageable."

• The Palm Beach Post supported Amendment 8. In an editorial the board said, "By loosening the class-size amendment passed in 2002, voters can preserve the progress from the original without forcing the state to spend tens of millions of dollars to eke out the final measure of compliance . The Post recommends a YES vote on Amendment 8."

• The Bradenton Herald supported Amendment 8. The editorial board said, "Florida’s revenues are predicted to drop another several billion dollars in the next budget after several years of steeper plunges, and the state cannot afford the predicted $4 billion expense next year to attain full class-size compliance. We recommend voters approve Amendment 8.

• Florida Today supported the proposed measure. "Implementing the new limits is has [sic] been estimated to cost $40 billion in the next 10 years. That’s money districts can’t afford because of deep budget cuts from declining property tax revenues...Amendment 8 spares schools that impact by keeping more workable schoolwide averages in place. It also caps the numbers of students in core classes to prevent a return to badly overcrowded classrooms," said the editorial board.

• The Pensacola News Journal supported Amendment 8. In an editorial, the board said, "It revises the class size amendment, passed in 2002, that sets class size maximums in Florida schools. While well-intended, the amendment is squeezing school budgets as local and state tax revenues have fallen, yet districts are still required to hire more teachers. This amendment would allow districts more flexibility."

• The Naples Daily News supported Amendment 8. "We were wary of the class-size reduction amendment when it appeared on statewide ballots in 2002. There was no clear estimate on how much it would cost, and we feared the unintended consequences of having no flexibility — either at each school or countywide. In the past few years we have seen those concerns come true. Now, because it is part of the state constitution and not mere law, we come back to the voters yet again for a realistic adjustment that we can afford. Problem is, that realism will require at least 60 percent of the vote," said the editorial board.

• The Herald-Tribune supported the proposed measure. In an editorial, the board said, "We respect the views of Villalobos and his allies. But the support of Amendment 8 from local superintendents and their staffs, who must cope with the effects of per-class limits on class sizes, is persuasive enough for us to support the change.If there were an "undecided" box on the general election ballot, we would suggest checking in on Amendment 8. But voters face a yes-or-no question. The Herald-Tribune reluctantly recommends voting "Yes" on Amendment 8."

• The (Panama City) News Herald supported Amendment 8. "Ever since it passed in 2002, Florida’s Class Size Amendment increasingly has restrained local school districts on how they can best allocate classroom resources. Friday, when the measure’s third and final phase is implemented, those restrictions will become handcuffs....We recommend a "yes" vote on Amendment 8 to give schools the flexibility they need to tailor educational needs to their students," said the editorial board.

• The Orlando Sentinel supported the measure. "This amendment would simply tweak the earlier one by giving schools some flexibility. It's reasonable, and it deserves a YES vote," said the editorial board.

• The South Florida Sun-Sentinel said, "The 2002 constitutional amendment has boxed educators into a corner. It's time to give them back the flexibility they need. It's also time to remember what the constitution is really for: a basic enumeration of the powers of government and the rights of the people. The rest is, and should be, up to elected officials. Insist that they do their jobs."

• The Florida Times-Union said, "Voters can do something constructive by saying "yes" on Amendment 8."

• The Ledger said, "We hope that times will improve, allowing the smaller class sizes, which are more favorable for students, to be implemented someday soon. In the meantime, The Ledger recommends a Yes vote on Amendment 8."

Opposition

• Creative Loafing's Irreverent View was opposed to Amendment 8. The editorial board said, "While elements of this revision are worth considering, the amendment as a whole is an attempt to erode public education by denying funds to achieve the limits on class sizes voters already approved. Our public education is a mess and that is in large part due to the liberal/Democrat teacher unions, but failing to maintain small class size limits is not the answer to our public education spending and teacher accountability problems."

Lawsuit

See also: 2010 ballot measure litigation

On July 23 the Florida Education Association filed a lawsuit to block Amendment 8 from the 2010 statewide ballot. The teachers union argued that the proposed measure was misleading and an under-handed attempt to reduce state funding for education. "The Florida Legislature devised a classic scheme of ‘hiding the ball’ from Florida voters by misrepresenting the chief purpose of Amendment 8 – which is to free the state’s obligation to adequately fund public schools," said Ron Meyer, the union’s attorney. In a press release, Meyers added, "The failure of the legislature to be honest with parents - to tell them that Amendment 8 cuts funding to public schools which will result in crowded classrooms once again - is what makes this lawsuit necessary." Several local school boards joined FEA in the lawsuit, including the Alachua County School Board.

In response to the filed lawsuit, Rep. Will Weatherford, who sponsored the amendment, said he believed the amendment was "very honest." Weatherford added, "We're trying to protect the integrity of small class sizes in the state of Florida. At the same time, we're providing flexibility for the thousands of principals and administrators and school board members and superintendents and, frankly, the hundreds of parents...whose children are not able to go to the school they want because of the class size restraints."

The filed lawsuit can be found here.

The case was heard September 8 in Tallahassee.

Measure upheld

On September 10, 2010 Leon County Circuit Court Chief Judge Charles Francis upheld the measure after citing that the measure was neither misleading or ambiguous. In the 10-page opinion Francis said, "When read together, the ballot title and summary clearly and unambiguously advise the voter that the Legislature is still obligated to provide the funding required to meet the class size approved by the voter." In response to the judge's decision, FEA attorney Ron Meyer said he planned to appeal the case to the Florida Supreme Court.

Supreme Court hears case

As expected following the early September court ruling, an appeal was filed. The 1st District Court of Appeals expedited the case by sending it directly to the Florida Supreme Court without ruling on the issue. The appellate court wrote, "This appeal involves a question of great public importance and requires immediate resolution by the Supreme Court of Florida." According to reports, it was too late to remove Amendment 8 from the ballot but opponents wanted the court to prevent the cast votes from being counted.

Arguments for Florida Education Association vs. Florida Department of State were heard October 6, 2010.

High court upholds measure

On October 7, 2010, a day following the hearing for Florida Education Association vs. Florida Department of State, the Florida Supreme Court ruled that Amendment 8 would remain on the November 2, 2010 ballot. According to the October 7 ruling, the high court said, "We conclude that the ballot title and summary accurately represent the chief purpose of the amendment. It further provides fair notice of what the amendment contains and does not mislead the voters as to the amendment‘s true effect. Accordingly, we hold that the ballot language is not defective and that Amendment 8 complies with the requirements of law. We affirm the trial court‘s judgment that Amendment 8 shall remain on the ballot for the November 2010 general election."

The ruling in its entirety can be read here.

Aftermath

Non-compliance penalties

Since Amendment 8 failed to achieve the minimum 60% approval rating in the November 2, 2010 general elections the original class size requirements remained. In early January 2011 Florida education officials announced that they planned to issue $43 million in penalties to school districts, laboratory and charter schools for violations in class size limits.

At the beginning of the 2010-2011 school year the State Department of Education estimated that a total of $131 million in fines would be issued. According to reports, 25 of the 35 school districts that have been found in violation of the state law have appealed. The appeals will be considered during the state board's January 18 meeting. However, before the fines are issued they must be approved by the Legislative Budget Commission. According to reports the commission may issue their decision in February.

Part of the funds collected due to non-compliance will be redirected to those that are in compliance. According to news reports schools and districts found in non-compliance will have a chance to re-collect their funds if a plan is submitted that outlines how they plan to meet the state's requirements and ensure compliance by October 2011.

Proposed legislation

In early 2011 the Florida Senate education budget committee proposed altering the state's class size rules. The proposed legislation developed following the November 2010 vote on Amendment 8. According to Sen. David Simmons, he wants to create a more "rational" class-size law. Some of the proposed changes include: "delete from the current requirements many high school electives, including art courses, career education classes and 'courses that may result in college credit'; class sizes to be counted once in October and for school districts to be able to put more kids in certain courses, if they enroll later in the year." In March 2011 Simmons' proposed legislation was approved by a Senate committee. The bill is SB 1466.

On February 3, 2011 Sen. Miguel Diaz filed legislation to remove the "accountability" section of the Florida Class Size statute. If the bill is approved, it would amend the fines issued to non-compliant schools.

Class sizes amended

On April 7, 2011 the Florida State Legislature approved expanding the state's class-size limits. The legislation cut the number of classes subject to class-size limits by almost 2/3rd. Specifically, the legislation changes the definition of core curricula covered by the limits. It does not however change the classes covered in grades K-3. A total of 288 classes are now considered part of the core curriculum. Previously, 849 classes were considered in this category. The approved legislation allows for school districts to exceed the limits by up to three students in K-3 and five students in grades 4-12.

The Senate voted 30-7, while the House voted 79-39 in approval of the legislation.

Path to the ballot

See also: Amending the Florida Constitution

A 60% vote is required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. Amendments on the ballot must be approved by 60% of voters to pass.

See also

2010 Measures

• 2010 Measures
• School class size policy on the ballot
• 2010 legislative sessions

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Florida Division of Elections, "Initiatives / Amendments / Revisions Database"

Footnotes