By Fallan Patterson
Staff Writer

Proposed legislation to increase class sizes in Florida schools is being challenged in court to keep it off the Nov. 2 ballot.

The Florida Education Association filed a lawsuit July 23 claiming that Amendment 8’s language misleads voters by lessening state funding for schools by allowing larger class sizes.

Florida voters approved an amendment in 2002 that limited the maximum number of students in classrooms: Grades kindergarten through third grade are limited to 18 students; grades four through eight, 22 students; and high school, 25 students. Final class sizes were to be implemented by the 2010-11 school year.

The lawsuit maintains the 2002 class size amendment was voted in to improve funding for schools and keep class sizes low and claims Amendment 8 inadequately informs voters that the passage of it would reduce funding to schools.

According to Andy Ford, president of FEA and a plaintiff in the lawsuit, the state failed to appropriate the $354 million needed to fund smaller class sizes and Amendment 8 would allow the state to avoid paying this amount.

“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,” Ford said. “This is about the money for education and being honest with Florida’s voters, yet the ballot title and summary do not let voters know that is the true purpose and effect of the amendment.”

According to the Florida Department of Education, more than $18 billion has been spent on operational expenses and construction to implement the 2002 class size amendment into schools since the 2003-004 school year.

However, as part of the budget shortfall this year, approximately $3.2 billion was cut from public schools, colleges and universities.

Amendment 8 would allow class sizes to be determined by each school’s average class size. Under the 2002 amendment, if a school were to have even one new student over the class size limit, classes would have to be reconfigured and new teachers would possibly be hired to meet demand.

The Osceola County School District has taken precautions to comply with the current requirements by hiring 125 additional teachers at a cost of $7.5 million, which was not federally funded despite the district’s request.

District Superintendent Michael Grego said a “mobile community like Osceola County” makes complying with the current class size amendment difficult but overall, smaller class sizes have been proven to work for students.

“It has been and will be a challenge to ensure our students a good education,” Grego said. “Our state legislators have spoken. They’re attempting to provide some flexibility.”

Amendment 8 needs 60 percent of the vote to pass.

A School Board hearing scheduled Tuesday will inform the public about the district’s plan to meet the class size requirements.

The association also filed for priority status to ensure the case is heard before absentee ballots must be printed. Overseas and military voters must receive an absentee ballot 45 days before the Nov. 2 general election to guarantee their vote is counted.

There are more than 11.1 million registered voters in Florida.