The purpose of this rule is to establish procedures used by the Commission for Independent Education (Commission) for receiving complaints of failure to report child abuse, abandonment or neglect, as required by section 30.205, F.S., and assessing a ...

 

DEPARTMENT OF EDUCATION

Commission for Independent Education

RULE NO.:RULE TITLE:

6E-6.001Failure of Nonpublic College, University, or School Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect

PURPOSE AND EFFECT: The purpose of this rule is to establish procedures used by the Commission for Independent Education (Commission) for receiving complaints of failure to report child abuse, abandonment or neglect, as required by Section 30.205, F.S., and assessing a fine. Nonpublic college, university and school administrators and their law enforcement agencies are required to report information received about child abuse, abandonment or neglect that occurred on institution property or at an event sponsored by the institution to the Florida Department of Children and Family Services. This rule defines the terms “administrator,” “commission” and “law enforcement agency.” The effect of this rule is that if an institution’s administrator or law enforcement agency is informed of child abuse, abandonment or neglect and does not report it, or knowingly and willingly prevents another person from doing so, the institution shall be subject to a fine of $1 million by the Commission.

SUBJECT AREA TO BE ADDRESSED: Fine for Failure to Report Child Abuse, Abandonment or Neglect.

RULEMAKING AUTHORITY: 39.205 (10) FS.

LAW IMPLEMENTED: 39.205 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

6E-6.001 Failure of Nonpublic College, University or School Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect.

(1) Definitions. For purposes of this rule, the following definitions apply:

(a) The term “administrator” means the personnel who have been assigned the responsibilities of institution-wide or campus-wide academic or administrative functions.

(b) The term “Commission” means the Commission for Independent Education.

(c) The term “law enforcement agency” means any unit of the nonpublic college, university, or school, as defined in Section 1002.21 or Section 1005.02, Florida Statutes, which is vested with the authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

(2) Failure to Report.

(a) Any person who has knowledge that a nonpublic college, university or school administrator knowingly and willfully failed to report information of known or suspected child abuse, abandonment or neglect, or knowingly and willfully prevented another person from doing so, as required by Section 30.205, Florida Statutes, to the Department of Children and Families, may file a complaint with the Commission by e-mail at www.fldoe.org/cie, by fax at [phone], or by writing to the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399-0400.

(b) Any person who has knowledge that a law enforcement agency failed to report information of known or suspected child abuse, abandonment or neglect, as required by Section 30.205, Florida Statutes, to the Department of Children and Families, may file a complaint with the Commission by e-mail at www.fldoe.org/cie, by fax at [phone], or by writing to the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(c) Upon receipt of a complaint, the Commission shall investigate it within thirty (30) days.

(d) The institution shall be provided with the complaint, the Commission’s investigation, and a copy of Section 39.205, Florida Statutes, and shall have twenty (20) working days after receipt to submit a written response to the Commission.

(3) Action by the Commission.

Prior to imposing a fine, the Commission shall consider the complaint, the investigation, and the institution’s response at a publically noticed meeting. Any order imposing a fine shall be reduced to writing and a copy provided to the institution or agency.

(4) Fines.

Fines assessed under this section shall be paid to the Chief Financial Officer of the Department of Education for deposit into the Institutional Assessment Trust Fund in accordance with subsection 6E-4.001(9), F.A.C.

Rulemaking Authority 39.205 (10) FS. Law Implemented 39.205 FS. History-New__________.