To remove references to the prior version of threat assessment from this rule that are set to expire on December 31, 2023, and will govern maintenance and transfer of threat management records consistent with s. 1003.25, ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0955Education Records

PURPOSE AND EFFECT: To remove references to the prior version of threat assessment from this rule that are set to expire on December 31, 2023, and will govern maintenance and transfer of threat management records consistent with s. 1003.25, F.S

SUMMARY: Amendments will remove references to the prior version of threat assessment that are set to expire on December 31, 2023, and update records requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increases in regulatory costs are anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1001.212(12), 1002.22(3), 1003.25(2), 1008.405, F.S.

LAW IMPLEMENTED: 1001.42(8)(c), 1001.52(2), (3), 1002.22(2), (3), 1002.221, 1003.25, 1008.405, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 17, 2024, at 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Drive, Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Collins, Office of Safe Schools, Florida Department of Education, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0955 Education Records.

(1) through (5) No change.

(6) Threat management assessments. All reports of concerning behavior, concerning communications, or threats documented using the Florida Harm Prevention and Threat Management Instrument prescribed by Rule 6A-1.0019, F.A.C.,

(a)    Transient or Substantive Threats. Threat assessments determined to be transient or substantive, as defined in Rule 6A-1.0018, F.A.C., are Category B records and shall be maintained in a student’s file as long as determined useful by a threat management assessment team, pursuant to Section 1006.07(7), F.S., and Rule 6A-1.0019 6A-1.0018, F.A.C. These records include all corresponding documentation and any additional information required by the Florida Model for threat management related to the reporting, evaluation, intervention, and management of threat assessment evaluations and intervention services.

(b)    Non-Threats. In order to protect students from stigma and unintended consequences, reported threats which are determined by a threat assessment team not to be a threat at all, meaning the threat does not rise to the level of transient or substantive, may be maintained by the threat assessment team, but must not be maintained in a student’s file, unless one of the following conditions are met:

1.    The parent of the student who was the subject of a non-threat finding requests that the record be retained in the student’s file; or

2.    The threat assessment team has made a determination that the non-threat finding must be retained in order to ensure the continued safety of the school community or to ensure the well-being of the student.

a.    Such determination and reasoning for maintaining the record must be documented with the non-threat finding.

b.     Where such a determination is made, the threat assessment team must re-evaluate the decision on an annual basis to determine if the record is no longer useful. The student’s age and length of time since the original assessment must be considered in those evalulations.

(7) through (8) No change.

(9) Procedures for transfer of education records.

(a) The transfer of records must be made immediately upon written request of an eligible student, a parent or a receiving school. The principal or designee must transfer a copy of all Category A and Category B information and must retain a copy of Category A information; however, student records which are required for audit purposes for programs listed in Section 1010.305, F.S., must be maintained in the district for the time period indicated in Rule 6A-1.0453, F.A.C.

(b) The transfer of education records must not be delayed for nonpayment of a fee or fine assessed by the school.

(c) The transfer of records of students who transfer from school to school must occur within five (5) school days of receipt of the request for records from the new school or district, or receipt of the identity of the new school and district of enrollment, whichever occurs first. Pursuant to Section 1003.25, F.S., sStudent records must contain verified reports of serious or recurrent behavior patterns, including all documentation and related information for reports of concerning behavior, concerning communication, or threats that are documented using any portion of the Florida Harm Prevention and Threat Management Instrument. substantive and transient threat assessments and intervention services, and psychological evaluations, including therapeutic treatment plans and therapy progress notes created or maintained by district or charter school staff. All reports of concerning behavior, concerning communication, or threats must be transferred, regardless of the outcome or level of concern. Non-threats as described in subsection (6) must not be transferred with a student’s educational record unless one of the conditions described in subparagraphs (6)(b)1. and 2. are met.

(10) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1002.22(3), 1003.25(2), 1008.405 FS. Law Implemented 1001.42(8)(c), 1001.52(2), (3), 1002.22(2), (3),1002.221, 1003.25, 1008.405 FS. History–New 4-11-70, Repromulgated 12-5-74, Revised 6-1-75, Amended 10-7-75, 2-21-77, 3-1-78, 5-24-81, Formerly 6A-1.955, Amended 6-17-87, 1-2-95, 10-25-10, 5-5-20, 11-22-22, 8-22-23, 11-21-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julie Collins, Office of Safe Schools, Florida Department of Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2023