The purpose of this rule is to set forth requirements relating to school safety and to define certain safety measures that schools are expected to meet. Amendments will incorporate changes from House Bill 1473 (2024), address ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0018School Safety Requirements and Monitoring

PURPOSE AND EFFECT: The purpose of this rule is to set forth requirements relating to school safety and to define certain safety measures that schools are expected to meet. Amendments will incorporate changes from House Bill 1473 (2024), address changes as a result of the final transition to the Florida Harm Prevention and Threat Management Model, and add additional requirements for emergency drills and Alyssa’s Alert implementation. Other general matters relating to school safety monitoring, reporting and training will also be considered.

SUMMARY: Amendments will remove all references to the former threat assessment protocol, address new requirements anticipated from recent legislation, and clarify requirements for emergency drills and Alyssa’s Alert implementation.

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: The changes are based on observations over the past year. Other changes are required in House Bill 1473 (2024). 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 is 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), 1001.11(9), 1001.212(15), 1006.07(4)(a), 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 29, 2024, 9:00 a.m.

PLACE: Miami Dade College-Wolfson Campus, 254 N.E. 4th St., Building 3, Chapman Conference Room 3210,

Miami, FL 33132.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0018 School Safety Requirements and Monitoring

(1) No change.  

(2) Definitions.

(a) through (l) No change.  

(m) “School” means a public K-12 school, including a charter school, with a Master School Identification Number (MSID) number as provided under Rule 6A-1.0016, F.A.C., but does not include:

1. Settings where instruction is provided in a county jail or state prison, in a Department of Juvenile Justice facility or program, in a hospital, or while a student is homebound;

2. Schools that provide only prekindergarten or adult education;

3. Technical centers under Section 1004.91, F.S.

A list of schools meeting this definition will be provided to the School Safety Specialist annually by July 1. “School” also includes the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). These entities also function as “school districts” as defined in paragraph (2)(p) of this rule.

(n)(m) “School administrator” means the school personnel identified in Section 1012.01(3), F.S.

(n) “School-based mental health services provider” means a school psychologist certified under Rule 6A-4.0311, F.A.C., a school social worker certified under Rule 6A-4.035, F.A.C., a school counselor certified under Rule 6A-4.0181, F.A.C., or a mental health professional licensed under Chapter 490 or 491, F.S., who is employed or contracted by a district to provide mental health services in schools. 

(o) No change.

(p) “School district” or “district” means a Florida school district or district school board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.), and universities or Florida College System institutions that sponsor a charter school (Section 1002.33(5), F.S.).

(q) through (s) No change.  

(3) No change.

(4) Monitoring by the District School Safety Specialist.

(a) No change.  

(b) Districts must establish policies that require the school safety specialist, or his or her designee, to review, in conjunction with the district school superintendent, the school district and charter school policies and procedures at least annually for compliance with state law and rules, as provided by Section 1006.07(6)(a)1., F.S. Districts must submit all school district and charter school policies and written procedures pertaining to the health, safety or welfare of students to the Office of Safe Schools by September July 1 of each year.

(c) School safety specialists, or their designees, must investigate reports of noncompliance with school safety requirements and must conduct unannounced inspections at least annually of all public schools within their district, including charter schools. These unannounced visits must occur while school is in session. The results of the annual unannounced inspection must be documented on the Florida School Safety Compliance Inspection Report.

(d)(c) Districts must establish policies that explain the process the school safety specialist will use to identify and correct instances of noncompliance at a school with a requirement in this rule, or other state law or rules relating to safety. Such policies must require the following:

1. through 3. No change.  

(e) School safety specialists must report violations of campus access control and classroom safest area requirements (Section 1006.07(6)(f), F.S., and subsection (8) and paragraphs (17)(c)-(d) of this rule) by administrative or instructional personnel to the district school superintendent or charter school administrator, as applicable.

(f) At least quarterly, the school safety specialist must report to the district school superintendent and the district school board any noncompliance by the school district with laws or rules regarding school safety.

(5) Monitoring by the Office of Safe Schools – Process.

(a) The Office will monitor compliance and investigate reports of noncompliance with the with school safety requirements identified in this rule through announced and unannounced inspections of all public schools, including charter schools. Monitoring and investigations may also include on-site visits to schools and district facilities or offices, review of school safety best practices, review of school and district websites and publications, interviews with students and staff, and review of media reports and other information submitted to or received by the Office.

(b) through (d) No change.  

(e) Unannounced compliance visits by OSS.

1. Timing. Triennially (every three years), the Office will conduct at least one unannounced inspection of all public schools, including charter schools, while school is in session. Schools with documented areas of noncompliance will be reinspected within six (6) months.

2. Documentation. Within three (3) school days after an unannounced compliance visit, the Office will provide a copy of the completed Florida School Safety Compliance Inspection Report in FSSAT, including photographs or other evidence of noncompliance, to the school safety specialist, the school principal or charter school administrator, as appropriate, and the district school superintendent. Where the report documents noncompliance, it serves as providing notice of a suspected deficiency.

3. Acknowledgement. The school safety specialist must acknowledge receipt of the completed report via FSSAT within one (1) school day after posting.

(f)(e) Time to respond and opportunity to cure.

1. When the notice of suspected deficiency concerns a failure to have a safe-school officer established or assigned at each school facility, as required by Section 1006.12, F.S., the school safety specialist must respond in writing and verify that the school(s) identified in the notice have a safe-school officer on site by the next school day. Issues related to safe-school officer coverage must be remedied by the next school day following notice from OSS, regardless of whether a completed Florida School Safety Compliance Inspection Report has been sent.

2. In all other cases, the school safety specialist must respond in writing within three (3) five (5) school days after receiving written notice of a suspected deficiency or after the completed Florida School Safety Compliance Inspection Report is posted. The response must and verify that the district or school has corrected the suspected deficiency, or must include within that same time period, submit a written plan describing how the district will bring the identified school(s) into compliance. A plan submitted under this paragraph must include an estimated date of completion and an explanation of alternate security measures designed to maintain a safe learning environment.

(g)(f) Upon verification of compliance or correction of a deficiency, the Office will provide a written notice of resolution by email to the school safety specialist.

(h)(g) When a suspected deficiency has not been timely resolved, the Office will advise the Commissioner of Education who will facilitate compliance to the maximum extent provided under law, as provided in Section 1001.11(9), F.S.

(i)(h) Compliance with school safety requirements set forth in this rule and in statute are subject to enforcement by the Commissioner of Education and the State Board of Education using mechanisms provided in Section 1008.32, F.S.

(j) The Office will provide quarterly reports to each district school superintendent and school safety specialist identifying the number and percentage of schools, including charter schools, that received unannounced inspections, or were reinspected during that quarter, and the number and percentage of inspected schools that had no school safety requirement deficiencies.

(6) Safety Requirements. The Office will monitor schools and school districts for compliance with the safety requirements set forth in subsections (7) through (23) (22) of this rule.

(7) Safe-school officer. School districts are required to establish or assign at least one safe-school officer at each school facility within the district, as provided in Section 1006.12, F.S.

(a) through (d) No change.  

(e) District school safety specialists must ensure that each safe-school officer that is a school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., has completed training to improve the officer’s knowledge and skills necessary to respond to and de-escalate incidents on school premises. The training must include age and developmentally appropriate strategies for incident response and de-escalation, including interaction with students with disabilities. This training must be completed within thirty (30) days of being hired as a safe-school officer and must be renewed in accordance with recommendations from the training course selected by the district, but at least every three (3) years.

(e)(f) Survey of safe-school officers. At least annually, the Office must shall conduct a survey regarding safe-school officer assignment by school. School safety specialists are responsible for completion of the survey.

(8) Campus Access Control. School districts must ensure that all public schools comply with the following:

(a) All gates or other access points that restrict ingress to or egress from a school campus must remain closed and locked when students are on campus. A gate or other campus access point may not be open or unlocked, regardless of whether it is during normal school hours, unless:

1. The gate or other access point is attended or actively staffed by a person when students are on campus;

2. The use is in accordance with a shared use agreement pursuant to Section 1013.101, F.S.; or

3. The school safety specialist, or his or her designee, has documented in FSSAT that the gate or other access point is not subject to this requirement based upon other safety measures at the school, or based upon compliance with the Fire Code. Documentation in FSSAT must include a description of the other safety measures present and a photograph of the gate or access point not subject to the requirement.    

(b) All campus access doors, gates, and other access points that allow ingress to or egress from a school building must remain closed and locked at all times to prevent ingress, unless:

1. A person is actively entering or exiting the door, gate, or other access point or;

2. The school safety specialist, or his or her designee, has documented in the FSSAT that the open and unlocked door, gate, or other access point is not subject to this requirement based upon other safety measures at the school. Documentation in FSSAT must include a description of the other safety measures present and a photograph of the classroom door not subject to the requirement.

(c) All school classrooms and other instructional spaces must be locked to prevent ingress when occupied by students, unless:

1. The door is open between class periods when students are moving between classrooms or other instructional spaces; or

2. The door is actively staffed by a person standing or seated at the door.

(9)(8) Alyssa’s Alert. 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 must shall include the school name, address, and MSID number, and vendor or application implemented. School districts are required to provide this such list to the Office at [e-mail] annually 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) Mobile panic alert systems must include mobile devices placed throughout each school facility 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) School 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.

(d) Any time the mobile panic alert system fails to connect to PSAP, the school safety specialist must notify the superintendent, the mobile panic alert system vendor and the Office at [e-mail] immediately, but no later than within twenty-four (24) hours.

(10)(9) FortifyFL.

(a) through (b) No change.  

(c) School districts are required to promote FortifyFL and consequences of knowingly submitting false information, as provided in Section 943.082(4)(b), F.S. Districts are required to:

1. through 4. No change.  

(d) Within the first five (5) days of each school year, each district school board must ensure that instruction on the use of FortifyFL is provided to students in accordance with Section 943.082(4)(b), F.S. Instruction on FortifyFL must be developmentally appropriate and must include the consequences of making a threat or false report involving school or school personnel’s property, school transportation, or a school-sponsored activity. 

(11)(10) Threat management.

(a) No change.  

(b) Notification to Parents.

1. No change.  

2. District policies must address the timing, content, scope, and manner of notification, circumstances when law enforcement must be consulted, and the person or entity with responsibility for parental notification, and involvement of the threat management assessment team. In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether the threat is low, medium or high transient or substantive, and whether there is an imminent threat of harm to students and the campus community.

3. No change.  

4. In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat management assessment team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips, and crime and threat reporting information.

5. No change.  

(12)(11) SESIR. Each district superintendent must designate persons responsible for SESIR reporting for their district and ensure that those persons receive live or online training, as provided in subsection 6A-1.0017(10), F.A.C.

(13)(12) Zero-Tolerance Policies and Agreements with Law Enforcement.

(a) through (c) No change.  

(14)(13) School Security Risk Assessments and the FSSAT.

(a) Annually, by August 1, school 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 via FSSAT 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) Each school safety specialist is required to contact the Office to obtain access to FSSAT within three (3) school days of appointment.

(c)(b) 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.

(d)(c) 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. 

(e)(d) 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.

(f)(e) 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.

(g)(f) 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.

(15)(14) First Responders’ School Safety Recommendations.

(a) through (b) No change.  

(c) The school safety recommendations made by public safety agencies must shall be included in the school safety specialist’s report to the superintendent and school board.

(16)(15) Emergency and fire-drills.

(a) No change.  

(b) After-action report. An after-action report must be completed following each emergency drill and fire drill. After-action reports must identify the type of drill, location and date of the drill, participants, and any required involvement of law enforcement or other public safety agencies. In addition, the after-action report must describe actions taken by participants, must analyze areas of success and areas where improvement is needed, and include input from participating public safety agencies and a plan for corrective action. After-action reports must be submitted to the district school safety specialist for review fifteen (15) calendar days following drill completion. School staff must keep copies of after-action reports and provide those records to the Office upon request as outlined in paragraph (5)(b) of this rule.  

(c) Requirements for all emergency drills and fire drills.

1. though 4. No change.  

5. Emergency drills and fire drills must test all applicable functions included in the threat scenario, such as panic buttons, participant movement (lockdown, shelter-in-place, or evacuation), simulated communications with first responders, simulated notification to parents, and appropriate protective actions, such as turning off lights, and covering windows.

6. No change.  

7. An actual emergency or other event, such as a false alarm, that elicits a schoolwide response including participant movement and appropriate protective actions, may substitute for one of the six required emergency drills.

(d) Requirements for specific types of drills.

1. No change.  

2. Emergency drills.

a. Elementary, middle and high schools are required to conduct six (6) emergency drills every school year that are separate and nonconcurrent with fire drills. One emergency drill must take place within the first ten (10) school days of the beginning of the school year, and the remaining drills must take place at least every forty-five (45) school days that school is in session. Four (4) of the six (6) emergency drills must address active threats. The remaining two (2) drills must address other emergency events, such as severe weather, natural disasters, hazardous materials, or reunification.

b. Active assailant drills. District school safety specialists must coordinate with the sheriff in their county to determine which law enforcement officers are responsible for responding to each school in their district in the event of an active assailant emergency and must provide those officers a minimum of twenty-four (24) hours’ notice prior to conducting an active assailant emergency drill, pursuant to Section 1006.07(4)(a), F.S. These law enforcement officers must be physically present on each school campus and directly involved in the execution of active assailant emergency drills, unless their presence is determined to be unnecessary by the sheriff. Each school must keep a record of the names of the law enforcement officers who were present for each active assailant drill and must provide those records to the Office upon request, in accordance with paragraph (5)(b) of this rule.

(17)(16) Active Assailant Response Plans.

(a) through (b) No change.  

(c) All school principals must consult the school safety specialist to ensure that classrooms and other instructional spaces are clearly and conspicuously marked to designate the safest areas in each classroom or other instructional space where students may shelter in place during an emergency. Clear and conspicuous means that it should be easily observable and apparent where the safest area is and its purpose, without having to ask questions. Students must be notified of these safe areas within the first ten (10) days of the school year.

(d) If it is not feasible to clearly and conspicuously mark the safest areas in a classroom or other instructional space, the school safety specialist, or his or her designee, must document such determination in FSSAT, identifying where affected students must shelter in place.

(18)(17) Family Reunification Plans. Each district school board must adopt, in coordination with local law enforcement agencies and local governments, a family reunification plan to reunite students and employees with their families in the event that a school is closed or unexpectedly evacuated due to a natural or manmade disaster. This reunification plan must be reviewed annually and updated, as needed. Individual school plans must be consistent with district policies. At a minimum, district reunification plans must address:

(a) through (d) No change.  

(19)(18) 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.

(20)(19) Bullying and Harassment Prevention.

(a) through (b) No change.  

(21)(20) Youth Mental Health Awareness and Assistance Training. Each district school safety specialist must shall ensure that all school personnel within his or her school district receive youth mental health awareness and assistance training, as provided in Section 1012.584, F.S.

(22)(21) School Safety Specialist Training.

(a) through (c) No change.

(23)(22) Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm.

(a) Discharge of a weapon. The district school superintendent, charter school administrator, or a respective designee 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-2023 to [e-mail]. 

(b) Officer dismissal or discipline.

1. The district school superintendent, charter school administrator, or a respective designee must notify the Office when a safe-school officer assigned to a school facility in the district has been disciplined for misconduct or has been dismissed from their duties as a safe-school officer by their employer, including in cases where the officer is reassigned or moved to another school location, whether by a school district, charter school, law enforcement agency, or private security company, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the dismissal or disciplinary action by submitting Form SSON-2023 to [e-mail].

2. The district school superintendent, charter school administrator, or a respective designee 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 (23)(22)(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.

(24)(23) 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)-(18)(17), (21)(20) and (23)(22) apply to charter schools, with any changes to the requirements set forth below:

1. No change.

2. Charter schools sponsored by a university or Florida College System institution must annually report to the Office by August 1 the name, title, and contact information for the person responsible for the duties imposed upon district school superintendents under this rule and must provide the name of the entity that functions in place of a school board. The person designated in place of a superintendent should be the chief executive officer or administrator with general oversight authority for the school, including oversight of the school safety specialist.

(25)(24) Safety Requirements for Non-Traditional Districts.  

(a) 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:

1. (a) Except for the requirement to complete the district best practices assessment found in paragraph (14)(13) (f)(e), subsections (7)-(9), (8), (14)(13)-(18)(16), and (20)-(23)(21) 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.

2. (b) Florida Virtual School may meet the requirements of paragraphs (13)(12)(b) and (c) with policies that address referral and consultation with law enforcement, and enforcement of no contact orders.

(b) Florida Virtual School, Developmental Research (Laboratory) Schools, and the Florida School for the Deaf and the Blind must annually report to the Office by August 1 the name, title, and contact information for the person responsible for the duties imposed upon district school superintendents under this rule and must provide the name of the entity that functions in place of a school board. The person designated in place of a superintendent should be the chief executive officer or administrative head of the school with general oversight authority for the school including oversight of the school safety specialist.

(26)(25) 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) through (b) No change.

Rulemaking Authority 1001.02(2)(n), 1006.07(4)(a) FS. Law Implemented 1001.11(9), 1001.212(4), (12), (14), (15), 1006.07(4)(a), (6), (7), (9), 1006.12(5), 1006.147, 1006.1493, 1008.386(3), 1012.584 FS. History‒New 7-14-21, Amended 11-23-21, 6-14-22, 9-20-22, 11-22-22, 4-25-23, 9-26-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julie Collins, Office of Safe Schools

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 30, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2024