Who's Afraid of a Union Lawsuit?

Senators looking to relax the class-size caps on Florida classrooms said they were unconcerned with the threat of a lawsuit brought by teachers' unions over the issue.

"Idon't worry about getting sued if I know I've done the right thing. I don't make my decisions based upon whether somebody threatens to sue. I really don't think there'll be a lawsuit," said Sen. David Simmons, R-Maitland, who chairs the Senate Education Pre-K through 12 Appropriations Subcommittee.

Simmons is sponsoring Senate Bill 1466, which allows school districts to temporarily break the class-size caps if they need to place new students in classes after theOctober class-size counts required by the class-size amendment. Supporters say it allows school districts the flexibility to adjust their classes instead of imposing drastic, impractical changes on students and teachers in the middle of a school year.

Sen. Nancy Detert, R-Venice, said Florida Education Association representatives have raised the specter of a lawsuit over a bill that alters a part of the state Constitution, but Simmons was unfazed and said his bill doesn't change the amendment, which sets a limit of 18 students per classroom for Pre-K through third grade, 22 students for fourth grades through eighth grade, and 25 students for high school classes.

"The constitutional amendment doesn't set a hard cap of 18, 22 and 25 students, it says that we shall make adequate provision for that to occur," Simmons said.