Amendment 8: Relaxation of class-size requirements

Can existing class-size rules, set in 2002, be eased by changing the per-class maximum calculations
to school-wide averages?

This amendment would raise the maximum allowable number of students per class by changing the calculation from per-class maximums to school-wide averages.

The change would allow a school to be over the average in one class provided that excess is balanced by another class at that school with fewer students than the allowable average. Backers say the change would save millions of dollars and give individual schools a measure of flexibility not present in the current law. Opponents say voters clearly wanted to cap class sizes at the levels they passed into law in 2002, and that students and teachers benefit from smaller class sizes.

History

The current class size caps were voted into law in 2002 by 52 percent of the voters. The amendment limited classes in pre-K through third grade to 18 students; fourth through eighth grade to 22 students and high school to 25 students. The limits were to be phased in over several years and put into full effect at the start of the 2010-11 school year. The state estimates it spent about $18.7 billion the past eight years preparing to implement the caps, mostly on classroom teacher salaries and benefits. Another $2.9 billion is being proposed for class size reduction funding for the 2010-2011 school year.

Proposed Legislation

Amendment 8 would set the average pre-K through third grade class size at 18 students, but allow a maximum of 21 students in any one class provided it was balanced at that school by a class with fewer than 18 students; set an average of 22 students for fourth through eighth grade but allow a maximum of 27; and set a high school average of 25 students but allow a maximum of 30.

Headed to court

On July 23, 2010, the Florida Education Association filed a lawsuit challenging the language in Amendment 8.

The FEA, the largest teacher's union in the state, asserted that the wording was both cloudy and misleading. It argued that the ballot language failed to spell out the financial consequences to school funding if the proposed amendment passes. Less than two months later, Leon County Circuit Court Chief Judge Charles Francis disagreed with that argument and upheld the measure in a 10-page opinion.

"The court finds the ballot and title summary are very clear and unambiguous as to what the amendment purports to do in reference to the changes in class size," Francis wrote.

In response to the judge's decision, FEA attorney Ron Meyer vowed to take the dispute to the Florida Supreme Court. "We note that a voter would be able to draw a common-sense conclusion from a review of the ballot summary that the amount of funding needed to sufficiently fund the revised class sizes will likely be reduced."

"The Legislature tried to 'hide the ball' from Florida voters by misrepresenting the chief purpose of Amendment 8 – which is to reduce the state's obligation to adequately fund public schools," Meyer said in a press release."…we believe the ballot title and summary of Amendment 8 are 'flying under false colors' and Amendment 8 cannot be lawfully submitted to voters."

In response to the lawsuit, Rep. Will Weatherford, who sponsored the amendment, told the Miami Herald that he believed the amendment was "very honest."

"We're trying to protect the integrity of small class sizes in the state of Florida," he told the Herald. "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 Florida Supreme Court agreed to review the case and heard oral arguments Oct. 6. Meyer faced intense questioning from several Supreme Court justices, the St. Petersburg Times reported.

"If you allow larger classrooms, then you're also saying that you're going to allow the Legislature to escape the funding obligation that's present in the state of Florida's constitution," Meyer argued.

Said Justice Barbara Pariente: "My humble question to you is: Isn't that obvious?"

The court ruled the following day that Amendment 8 can stay on the ballot.

"We conclude that the ballot title and summary accurately represent the chief purpose of the amendment," the justices wrote. "It further provides fair notice of what the amendment contains and does not mislead the voters as to the amendment's true effect."

TaxWatch examination

A report released in July 2010 by Florida TaxWatch's Center for Educational Performance and Accountability concluded that Amendment 8 would save billions of dollars for Florida taxpayers.

The nonprofit taxpayer research institute and government watchdog group predicted what the financial picture for the state would look like if the original 2002 class size reduction amendment is not modified.

According to TaxWatch, if Amendment 8 does not pass the cost to implement the current class size limits over the next decade, from 2011 to 2021, would balloon to more than $40 billion and school taxes would increase almost 26 percent, on average, for Florida households during that time. On average, a school assessment of $389.85 would grow to $495.18, TaxWatch reported.

In addition, TaxWatch found that the current program is already costing the state millions. Among the expenditures:

• The state already pays about $150 million a year for debt service on bonds issued to comply with the current limits.
• The $2.9 billion appropriated for fiscal year 2010-2011 for operating expenses related to class-size reduction is more than one-fifth of the current $14 billion budget for K-12 in the state.
• The Department of Education estimates more than $131 million will be transferred from school districts' operating accounts because of penalties related to noncompliance.

The group concluded that the cost to implement Amendment 8 would be dramatically less because schools are far from complying with class-size goals, but closer to achieving school-wide numbers, which is what the proposed amendment calls for.

If Amendment 8 passes, the state could save about $10 billion over the next 10 years, TaxWatch found. A big savings: the state wouldn't need to build as many more schools.

"Future projected spending on compliance with the original CSR requirements is much too high, both in terms of its small return on investment and the state's current budget outlook," TaxWatch concluded. "Although Amendment 8 is no panacea – and outright repeal of the CSR is neither popular nor prudent given the amount already invested by Florida taxpayers – modifying the CSR requirements will provide the flexibility to reduce implementation costs and the balance to ensure our class sizes are reasonable, while freeing up money that can be used to better impact student achievement."

Opponents question TaxWatch conclusion

The proposed amendment's opponents view the report differently. Instead of billions in savings, passage of Amendment 8 would mean that money won't be going directly to schools to fulfill the original initiative, said Damien Filer, spokesman for Vote No on 8.

"What's being couched as a savings is representing a cut to funding to our public schools," Filer told the Collins Center. "We're looking at a cut to education funding every year going forward if Amendment 8 passes."

Rocky Hanna, principal of Leon High School in Tallahassee, an outspoken critic of Amendment 8, said in a statement that while he was all for flexibility, it should not come at the expense of losing up to $1billion in education funding every year.

"We made the class size amendment work at one of the oldest and most historic schools in Florida even without getting the money we should have for the final phase of implementation," Hanna said. "I would urge Florida voters not to be tricked into returning to the days of overcrowded classrooms."

Do smaller classes make better learners?

A Harvard University study released in the spring of 2010 considers whether class size made a difference in learning in Florida after the 2002 amendment was adopted.

The study, The Impact of a Universal Class-Size Reduction Policy: Evidence from Florida's Statewide Mandate, was conducted by Harvard research fellow Matthew M. Chingos.

Chingos compared students' Florida Comprehensive Assessment Test scores as well as Stanford Achievement Test results both before and after the amendment went into effect. He also compared school districts that were forced to use the money to reduce class size and those that could spend the money as they saw fit.

He concluded that class size had no clear impact upon student achievement.

In fact, he found that three years after implementation, district-level math scores were just 0.035 percent higher and there was no improvement in reading.

"The results from both the district- and school-level analyses indicate that the effects of mandated CSR (Class Size Reduction) in Florida on cognitive and non-cognitive outcomes were small at best and most likely close to zero," Chingos wrote in his report. "…the results of this study do strongly suggest that large-scale, untargeted CSR mandates are not a particularly productive use of limited educational resources."

The study was not without criticism. Shortly after Chingo's report was released, the Florida Education Association criticized the study as flawed because an advisory committee chaired by former Gov. Jeb Bush was used to aid in the research. Bush opposed the 2002 amendment.

Supporters

Supporters of Amendment 8 say the millions saved could go to teacher raises instead. Gov. Charlie Crist, school superintendents and school board associations are backing the change. Strapped for money in a down economy, they are wary of the costs associated with hiringStudent more teachers and finding more classrooms to accommodate the limits set to become effective. They complain that the inflexibility of the current law means more portable classrooms and more busing. The bill to put the amendment on the ballot was sponsored by Sen. Don Gaetz, a Republican from Destin, and Rep. Will Weatherford, a Republican from Wesley Chapel.

Others lending their support for Amendment 8 include: Governor Charlie Crist; Gubernatorial Candidates Rick Scott and Alex Sink; Community College Council of Presidents; Florida School Boards AssociationFlorida Association of School Administrators Florida Chamber of Commerce.

Opponents

Opponents argue that the voters made it clear in 2002 that they wanted to limit class sizes. Smaller classes make a better learning environment, they argue.

The statewide teachers' union, the Florida Education Association, opposes the bill. The union is calling on the state to fulfill the constitutional mandate and implement the limits approved at the ballot box.

Also opposing the measure are The Florida PTA, NAACP and the Florida Association for Child Care Management.

"The proposed Amendment 8 is another one of these attempts by the Legislature to thwart the will of the people and work towards repeal of an amendment that they had no intention of fully implementing," the Florida PTA wrote for submission to newspapers statewide. "Passage of Amendment 8 will not help the children of Florida. It will only relieve the legislature of its obligation to obey the constitution."

Dale Landry of the Florida NAACP added: "Make no mistake. Amendment 8 will lead to overcrowded classrooms and hurt our kids."

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What they are saying

"Amendment 8 is a misleading attempt to trick Florida voters into watering down hard-fought class size limits and reduce funding for our schools and children. Backers of Amendment 8 are full and active participants in the culture of special interest bidding that has gone on for too long." --- Kendrick Meek, Democratic candidate for the U.S. Senate who spearheaded efforts to pass the 2002 cap.

"Flexibility is not a bad thing, but it's something that can be achieved through the Legislature. If this amendment passes it's going to mean bigger classes and less money going to the classroom."--- Mark Pudlow, spokesman for the Florida Education Association.

"This is right-sizing the class-size amendment. This is a common-sense amendment."—State Rep. Will Weatherford, R-Wesley Chapel.