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Posted on Wed, Jul. 14, 2010
Miami-Dade School Board might join class-size lawsuit
By KATHLEEN McGRORY
kmcgrory@MiamiHerald.com
The Miami-Dade School Board on Wednesday will consider
joining a lawsuit against the state for not fully
funding the Florida constitutional amendment that limits
class size.
The suit, being filed by the Florida School Boards
Association, seeks to stop the state from penalizing
districts that do not comply with the class-size caps
this fall.
``This isn't an attempt to get around the rules,'' said
Miami-Dade School Board member Martin Karp.
``We were never given enough money to fund this. Now,
we're not at a point where we can afford to pay any
penalties.''
The so-called Class Size Amendment was approved by
voters in 2002.
It was meant to ensure that core classes would be
limited to 18 students in grades pre-K through third, 22
in fourth through eighth grades and 25 students in high
school.
Every individual classroom was supposed to meet the
requirements by the start of the 2010-11 school year.
Realizing the mandate would create a financial burden
for cash-strapped school districts, state lawmakers
voted to put the amendment on the ballot this November.
If at least 60 percent of voters agree, the class-size
limits will apply to school-wide averages, not
individual classroom sizes.
Still, school districts that do not comply with the
class-by-class caps could be slapped with penalties in
October, when the state is legally required to hold
schools accountable.
Explained Karp: ``School districts have to decide: Do
they spend the money reducing class sizes or do they
incur the penalties?''
In Broward, for example, school administrators believe
they will need to spend $79 million to comply with the
mandate.
The penalties for noncompliance: $72.6 million.
In the lawsuit, the school boards association says the
state never fully funded the Constitutional amendment,
so school districts shouldn't have to pay penalties for
noncompliance.
The association also questioned why traditional public
schools need to submit class-by-class counts, while
charter schools can submit school-wide averages. Charter
schools are run by private boards, but funded by
taxpayer dollars.
``Our association members are extremely unhappy about
the penalty provision and have tremendous concerns about
the provision that holds public charter schools to a
different standard than traditional schools,'' said Ruth
Haseman Melton, the association's director of
legislative relations.
She added: ``The charter school issue isn't about
charter schools. It's about equity.''
In the meantime, both districts are developing plans
that would help them comply with the strict laws.
Broward County officials have discussed combining
classes, asking teachers to take on extra periods and
steering students to the Internet.
In Miami-Dade, Superintendent Alberto Carvalho is
formulating a plan that would move certified district
administrators out of the central office and into the
classroom.
A number of Florida school boards will consider joining
the lawsuit this month. The Palm Beach County School
Board is scheduled to discuss the item at its Wednesday
meeting.
The Broward School Board is scheduled to take up the
issue on whether to join the lawsuit at its July 20
meeting.
The Florida School Boards Association is asking school
districts that join the suit to pay an initial $1,500 to
help offset the costs of the litigation.
Miami-Dade School Board member Larry Feldman said he
supports the measure. He would also like Carvalho to
explore other ways to ensure the district gets its share
of the funding.
``The legislature can make the rules, but they need to
at least provide us with the ball,'' Feldman said.
``They need to give us money to play.''
Added board member Marta Pérez: ``If this is an
alternative to having to raise taxes, then it's the
efficient thing to do.''
Miami Herald reporter Hannah Sampson contributed to this
report.
Read more:
http://www.miamiherald.com/2010/07/14/v-print/1729347/miami-dade-school-board-might.html#ixzz0tfXFOc4S
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