To set forth requirements relating to school safety and to define certain safety measures that schools are expected to meet. Amendments will address required bullying and harassment policies, Alyssa’s Alert, FSSAT, charter ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0018School Safety Requirements and Monitoring

PURPOSE AND EFFECT: To set forth requirements relating to school safety and to define certain safety measures that schools are expected to meet. Amendments will address required bullying and harassment policies, Alyssa’s Alert, FSSAT, charter schools, model policies and best practices. Other general matters relating to school safety monitoring, reporting and training will also be considered.

SUMMARY: This amendment to Rule 6A-1.0018, F.A.C., supports changes made by Senate Bill 70 (2020) regarding the maintenance of a current listing of mobile panic alert systems in use at public and public charter schools. Additionally, this amendment includes documentation requirements for threat assessment teams, maintenance of a current school listings in the Florida Safe Schools Assessment Tool, suicide prevention information on grade 6-12 identification cards, and requirements related to bullying and harassment prevention. The rule will clarify specific safety measures that public schools are required to meet.

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 rule largely codifies existing requirements relating to school safety, reporting, and training that are already found in statute. Requirements relating to monitoring by the Office of Safe Schools are able to be absorbed into existing budgets. 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 increase in regulatory costs are anticipated as a result of this rule.

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), 1001.11(9), 1001.212(14), F.S.

LAW IMPLEMENTED: 1001.11(9), 1001.212(4), (12), (14), (15), 1006.07(4), (6), (7), (9), 1006.12(5), 1006.147, 1006.1493 1008.386(3), F.S.

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

DATE AND TIME: May 11, 2022, 9:00 a.m.

PLACE: Tennessee Williams Theatre, CFK Campus, 5901 College Road, Key West, Florida 33040.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brooks Rumenik, Deputy Director, Office of Safe Schools, Florida Department of Education, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0018 School Safety Requirements and Monitoring

(1) through (7) No change.

(8) Alyssa’s Alert. Beginning with the 2021-22 school year, school districts are required to implement a mobile panic alert system that meets all requirements of Section 1006.07(4)(c), F.S. Districts are authorized to select, free of charge, a system under Department contract, or locally fund a system of their choice. The systems under contract with the Department are posted at http://www.fldoe.org/safe-schools/.

(a) School districts are required to maintain current listings of mobile panic alert systems implemented by all public schools, including charter schools, within their district. Such list shall include the school name, address, and MSID number, and vendor or application implemented. School districts are required to provide such list to the Office at [e-mail] by August 1, 2022. Thereafter, school districts must update this information within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information.

(b)(a) Mobile panic alert systems must include mobile devices placed throughout each school campus. In determining the number and placement of devices needed to afford all staff members the ability to silently and easily activate a panic alert in the event of an on-campus emergency, districts must consider using a combination of fixed panic alert buttons, mobile and desktop applications, landline phone capabilities, and wearable panic alerts (such as on a lanyard).

(c)(b) By August 1, 2022, school districts must include Alyssa’s Alert in their local emergency policies and procedures required by Section 1006.07(4)(a), F.S. The Alyssa’s Alert policies and procedures must be developed in consultation with the county 911 authority and local emergency management office to ensure that the system selected by the district integrates with local public safety answering point (PSAP) infrastructure to transmit calls and mobile activations.

(9) No change.

(10) Threat assessment teams.

(a) through (c) No change.

(d) Instrument. Each school-based threat assessment team must use the Comprehensive School Threat Assessment Guidelines (CSTAG) model to assess the behavior of persons who may pose a threat to school staff or students and to coordinate intervention and services for such persons. All reported threats, even those determined not to be a threat, must be documented by the threat assessment team. Documentation must include the evaluation process and any resultant action.

(e) through (h) No change.

(11) through (12) No change.

(13) School Security Risk Assessments and the FSSAT.

(a) School districts are required to ensure accuracy of current school listings, for their district within the FSSAT application, including school name, address, and MSID number. School districts are required to report to the Office at [e-mail] within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information in FSSAT.

(b)(a) Each year, the school safety specialist must complete a school security risk assessment on or before October 1 at each public school in their district using the FSSAT, as provided in Section 1006.07(6)(a)4., F.S., and Section 1006.1493, F.S. The school security risk assessment is not required for virtual schools or programs that do not have a physical school site.

(c)(b) School safety specialists must report by October 15 each year in the FSSAT that required school security risk assessments are completed, as provided in Section 1011.62(15), F.S.

(d)(c) School safety specialists must provide recommendations to the district school board and the district school superintendent, identifying strategies and activities the board should implement to improve safety and security, as provided in Section 1006.07(6)(a)4., F.S.

(e)(d) Within thirty (30) days after the district school board meets to receive such findings, but not later than November 1, school safety specialists must submit a district best-practices assessment in the FSSAT which includes the school security risk assessment findings and recommendations as provided in Section 1006.07(6)(a)4., F.S.

(f)(e) Each school district must develop policies that allow charter school personnel input access to the FSSAT or where input access is restricted to district personnel, develop policies for gathering information from charter schools so that FSSAT reporting requirements, including those for Fortify FL, threat assessment teams and active assailant response plans, include data from charter schools.

(14) First Responders’ School Safety Recommendations.

(a) The district’s school safety specialist must coordinate with public safety agencies, as defined in Section 365.171, F.S., that are designated first responders to a school’s campus to tour each school’s campus once every three (3) years and to provide recommendations related to school safety, as provided in Section 1006.07(6)(b), F.S.

(b) through (c) No change.

(15) through (16) No change.

(17) Student Identification Cards. Each district must establish policies pursuant to Section 1008.386(3), F.S., requiring that student identification cards issued to students in grades 6 through 12 include telephone numbers for national or statewide crisis and suicide hotlines and text lines.

(18) Bullying and Harassment Prevention.

(a) Each school district must adopt a policy prohibiting bullying and harassment of students and employees that is consistent with the Department’s Model Policy Against Bulling and Harassment and meets all requirements in Section 1006.147(4), F.S. The policy must be reviewed at a minimum every three (3) years.

(b) Each school principal must implement the district’s policy in a manner that is ongoing throughout the school year and is integrated with the school’s curriculum, bullying prevention and intervention program, discipline policies, and other violence prevention efforts. 

(19)(17) School Safety Specialist Training.

(a) through (c) No change.

(20)(18) Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm.

(a) Discharge of a weapon. The school superintendent must notify the Office when a safe-school officer assigned to any school facility in the district discharges a firearm in the exercise of safe-school officer duties, other than for training purposes, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the incident by submitting Form SSON-2021 to [e-mail].

(b) Officer dismissal or discipline.

1. No change.

2. The school superintendent must notify the Office when there is an allegation of misconduct that results in a safe-school officer being placed on administrative leave or reassigned pending completion of an investigation using the procedure set forth in subparagraph (20)(18)(b)1. Within fifteen (15) days of completion of the investigation, updated information regarding the result of the investigation must be provided to the Office.

(c) No change.

(21)(19) Charter School Safety Requirements.

(a) through (b) No change.

(c) Charter schools and their governing boards are responsible for meeting the safety requirements set forth in this rule. All safety requirements as set forth in subsections (6)-(16) and (18)-(20) apply to charter schools, with any changes to the requirements set forth below:

1. through 10. No change.

(22)(20) Virtual Schools. Virtual schools and their governing boards are responsible for meeting the safety requirements set forth in this rule, with any changes to the requirements set forth below:

(a) Except for the requirement to complete the district best practices assessment found in paragraph (13)(d), subsections (7), (8), and (13)-(16)(18), and (19)-(20) of this rule are inapplicable to schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, franchises of the Florida Virtual School and virtual charter schools.

(b) Florida Virtual School may meet the requirements of paragraphs (12)(b) and (c) with policies that address referral and consultation with law enforcement, and enforcement of no contact orders.

(23)(21) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

(a) Comprehensive School Threat Assessment Guidelines, Form CSTAG-20222021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13300) effective June 2022 July 2021.

(b) Safe-School Officer Notification Report, Form SSON-2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13301) effective July 2021.

(c) Model Behavioral Threat Assessment Policies and Best Practices for K-12 Schools, Form BTAP-20222021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13302) effective June 2022 July 2021.

(d) Model Policy Against Bullying and Harassment for K-12 Schools, Form PABH-2022 (insert link), effective June 2022.

Rulemaking Authority 1001.02(2)(n) FS. Law Implemented 1001.11(9), 1001.212(4), (12), (14), (15), 1006.07(6), (7), (9), 1006.12(5), 1006.147, 1006.1493, 1008.386(3), FS. History‒New 7-14-21, Amended 11-23-21,

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brooks Rumenik, Deputy Director, Office of Safe Schools.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 08, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 4, 2022