The purpose and effect of the proposed rule is to establish procedures for receiving complaints and imposing fines for the failure to report child abuse, abandonment or neglect that occurs on the campus of a nonpublic college, university or school ...

 

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 and effect of the proposed rule is to establish procedures for receiving complaints and imposing fines for the failure to report child abuse, abandonment or neglect that occurs on the campus of a nonpublic college, university or school or during an event sponsored by these entities.

SUMMARY: In addition to setting forth definitions, the proposed rule provides an address where complaints may be submitted to the Commission and provides for an investigation of complaints alleging a failure to report child abuse, abandonment or neglect. The proposed rule also requires the Commission to consider the complaint, investigation and response at a public meeting before imposing a fine and requires the fine to be deposited in the Institutional Assessment Trust Fund.

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: (1) no requirement for a SERC was triggered under Section 120.541(1), F.S. and (2) because the proposed rule sets forth procedures for the agency, the proposed changes does not impose any new or additional costs and is not expected to have any economic impact.

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: 39.205(10) FS.

LAW IMPLEMENTED: 39.205 FS.

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

DATE AND TIME: January 21, 2014, 9:00 a.m.

PLACE: Miami Lakes Educational Center, 5780 NW 158th Street, Miami Lakes, Florida 33014

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Samuel Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE 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 39.205, Florida Statutes, to the Department of Children and Families, may file a complaint with the Commission 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 39.205, Florida Statutes, to the Department of Children and Families, may file a complaint with the Commission 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___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Samuel Ferguson, Executive Director, Commission for Independent Education

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Commission for Independent Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 20, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 6, 2013