In Fl the class size restriction is actually a limit and if you go over it it costs the school about $1000 per student and gets the school red flagged at the state level. With all of the changes in laws going on right now and funding getting cut like crazy, the school is not willing to even go down that path, even if we could pay for the fine. The hassle of getting on the state's red flag list is not worth it.
Prissy,
Good idea about the double enrollment thing - I'll look into it. I get a headache sometimes trying to figure out all of the laws around here. The principal I'm working with is also having a tough time wading through it all, but we're going to keep working at it.
We are trying to find out if the audit idea is actually an option. I think it will just take a bit of time asking some questions about if it is allowed or not. The teacher is willing to do it, we're fine with that option too, so we'll see.