To remove language from rule that was a result of Executive Order Number 2021-175 and Emergency Rule 6AER21-02. Language regarding COVID-19 Harassment as a qualifying incident for the Hope Scholarship will be removed from ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0951The Hope Scholarship Program

PURPOSE AND EFFECT: To remove language from rule that was a result of Executive Order Number 2021-175 and Emergency Rule 6AER21-02. Language regarding COVID-19 Harassment as a qualifying incident for the Hope Scholarship will be removed from both the rule and the IEPC-HS1 Hope Scholarship Notification Form

SUMMARY: The rule amendment will remove COVID-19 Harassment as a qualifying incident for a student to receive a Hope Scholarship.

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: Based upon the nature of the change, the proposed rule will have no regulatory cost and no negative economic impact and will not require legislative ratification.

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(2)(n), 1002.40(16), F.S.

LAW IMPLEMENTED: 1002.40, 1008.385, F.S.

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

DATE AND TIME: January 18, 2023, 9:00 a.m.

PLACE: Nassau County School Board Office, 1201 Atlantic Avenue, Fernandina Beach, FL 32034.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Office of Independent Education & Parental Choice, Florida Department of Education, 325 W. Gaines St., Suite 1044, Tallahassee, FL 32301

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0951 The Hope Scholarship Program.

(1) through (2) No change.

(3) Parent notification requirements.

(a) Pursuant to the requirements of Section 1002.40(6), F.S., a school district must timely notify a parent of the Hope Scholarship program and provide the parent a completed Hope Scholarship Notification Form (Form IEPC-HS1), available on the Department’s website, www.floridaschoolchoice.org. Form IEPC-HS1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13799) is hereby incorporated by reference, effective February 2023November 2021.

(b) No change.

(c) Regardless of whether substantiated or not, the types of incidents that qualify a kindergarten through grade 12 public school student for a Hope Scholarship are aggravated battery, harassment, hazing, bullying, kidnapping, simple battery physical attack, robbery, sexual assault, sexual battery, sexual harassment, sexual offenses-other, threat or intimidation and fighting, as defined in Rule 6A-1.0017, F.A.C., School Environmental Safety Incident (SESIR) and COVID-19 harassment. COVID-19 harassment means any threatening, discriminatory, insulting, or dehumanizing verbal, written or physical conduct an individual student suffers in relation to, or as a result of, school district protocols for COVID-19, including masking requirements, the separation or isolation of students, or COVID-19 testing requirements, that have the effect of substantially interfering with a student’s educational performance, opportunities or benefits. Eligibility under COVID-19 harassment will extend through the 2021-22 school year.

(4) through (9) No change.

Rulemaking Authority 1001.02(2)(n), 1002.40(16) FS. Law Implemented 1002.40, 1008.385 F.S. History–New 8-21-18, Amended 8-18-20, 11-23-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Office of Independent Education & Parental Choice.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2022