Florida’s elementary class size law caps core academic classes at 18 students per teacher in prekindergarten through grade 3, and 22 students per teacher in grades 4 and 5. These are hard limits set by Article IX, Section 1 of the Florida Constitution and enforced through Section 1003.03 of the Florida Statutes, not district targets or averages.1Florida Senate. Florida Code 1003.03 – Maximum Class Size They apply to every public school, charter schools included, though charters count differently.
The Student-Per-Teacher Limits for Elementary Grades
The statute sets a maximum for each grade band. For a typical Florida elementary school running prekindergarten through grade 5, two of those bands apply:
- Prekindergarten through grade 3: no more than 18 students per teacher.
- Grades 4 and 5 (part of the grades 4 through 8 band): no more than 22 students per teacher.1Florida Senate. Florida Code 1003.03 – Maximum Class Size
The lower cap on the youngest grades reflects the amount of individual attention children need while learning to read and do basic math.
Which Classes the Caps Cover
The limits apply only to “core-curricula courses,” which the Florida Department of Education identifies through the state’s Course Code Directory.1Florida Senate. Florida Code 1003.03 – Maximum Class Size At the elementary level, that means reading, math, science, and social studies.
Classes like physical education, art, and music are not core courses and fall outside the caps. The constitution itself says “the class size requirements of this subsection do not apply to extracurricular classes.”2Florida Department of Education. Florida Constitution Article IX Section 1 – Public Education A PE class of 30 does not break the law, even though a reading class of 30 in the same grade would.
Virtual courses are also outside the count. The same is true for blended-learning courses that mix in-person and online instruction.3Florida Department of Education. Frequently Asked Questions A child taking math virtually does not count against the teacher’s classroom cap, even if that child attends the school in person for other subjects.
How the Caps Work at Charter and Choice Schools
Charter schools are bound by the same numerical limits, but compliance is measured as a school-level average rather than classroom by classroom.4Florida Senate. Florida Code 1002.33 – Charter Schools A charter can run one third-grade class at 20 as long as another is at 16, because the school-wide average stays at or below 18.
The same averaging applies to public schools of choice operating under controlled open enrollment, to schools designated as Schools of Excellence, and to schools in the Principal Autonomy Program.5Florida Senate. Florida Senate Bill 7002
In a traditional district school, the picture is stricter. Every single core-course classroom has to meet the cap. A school can be well under the limit on average and still be out of compliance because of one crowded second-grade reading class.6Florida Department of Education. Class Size Compliance
When a Classroom Can Go Over the Cap
Students enroll at all points in the school year, and the state’s compliance count happens in October. A district school board is allowed to temporarily exceed the cap for students who arrive after the October membership survey if refusing the placement would be impractical or disruptive.1Florida Senate. Florida Code 1003.03 – Maximum Class Size
Even then, the overage has its own ceiling:
- Kindergarten through grade 3: up to 3 additional students, for a classroom total of 21.
- Grades 4 and 5: up to 5 additional students, for a classroom total of 27.
This is a short-term accommodation, not a permanent workaround. The district must have a plan to return the school to full compliance by the next October survey.3Florida Department of Education. Frequently Asked Questions
What Happens If a School Exceeds the Limits
Enforcement runs through the October student membership survey. The Florida Department of Education uses that data to determine whether each school meets the caps.
In the earlier years of the mandate, districts over the limit lost Florida Education Finance Program funds. The legislature has since softened that approach. A 2023 revision to the penalty formula is reflected in the current statute, which says a school district “may not be penalized financially or otherwise as a result of the use of any legal strategy” to meet compliance.1Florida Senate. Florida Code 1003.03 – Maximum Class Size
Districts still have to act when they fall short. Any district that is out of compliance based on the October survey must file a certified class size compliance plan with the Commissioner of Education by February 1. The plan has to describe the specific steps the district will take to reach full compliance by the next October survey.1Florida Senate. Florida Code 1003.03 – Maximum Class Size Those steps usually involve hiring more teachers, restructuring schedules, or moving students among classrooms to bring enrollment back under the cap.