To revise the current Principles of Professional Conduct for the Education Profession in Florida. The amendment will align requirements to HB 1069 and HB 1521 (2023).

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.081Principles of Professional Conduct for the Education Profession in Florida

PURPOSE AND EFFECT: To revise the current Principles of Professional Conduct for the Education Profession in Florida. The amendment will align requirements to HB 1069 and HB 1521 (2023).

SUMMARY: The amendment updates the prohibitions to provide instruction on sexual orientation and gender identity in prekindergarten through grade 8, and grade 9 thorough grade 12 except as required by law and in accordance with State Board rule. Subsection (13) is added to make it a violation of rule to violate s. 553.865(9)(a), F.S., regarding entering a restroom or changing facility on the premises of an educational institution designated for the opposite sex. Subsection (14) is added to make it a violation of rule to violate s. 1000.071, F.S., which relates to the use of personal titles and pronouns in educational institutions. The amendments align the rule with changes during the 2023 legislative session in House Bills 1069 and 1521.

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 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 is not expected to require legislative ratification. The proposed rule is not anticipated to result in any new costs on any stakeholder.

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, 1012.795(1)(j), F.S.

LAW IMPLEMENTED: 1012.795, F.S.

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

DATE AND TIME: July 19, 2023, 9:00 a.m.

PLACE: Rosen Shingle Creek, 9939 Universal Blvd., Orlando, Florida 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Randy Kosec, Jr., Chief, Office of Professional Practices Services, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-10.081 Principles of Professional Conduct for the Education Profession in Florida.

(1) No change.

(2) Florida educators shall comply with the following disciplinary principles. Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator’s certificate, or the other penalties as provided by law.

(a) Obligation to the student requires that the individual:

1. through 5. No change.

6. Shall not intentionally provide classroom instruction to students in prekindergarten through grade 8 3 on sexual orientation or gender identity, except when required by Sections 1003.42(2)(n)3. and 1003.46, F.S..

7. Shall not intentionally provide classroom instruction to students in grades 9 4 through 12 on sexual orientation or gender identity unless such instruction is either expressly required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student’s parent has the option to have his or her student not attend.

8. through 12. No change.

13. Shall not violate s. 553.865(9)(b), F.S., which relates to entering restrooms and changing facilities designated for the opposite sex on the premises of an educational institution.

14. Shall not violate s. 1000.071, F.S., which relates to the use of personal titles and pronouns in educational institutions.

(b) through (c) No Change.

Rulemaking Authority 1001.02, 1012.795(1)(j) FS. Law Implemented 1012.795 FS. History–New 7-6-82, Amended 12-20-83, Formerly 6B-1.06, Amended 8-10-92, 12-29-98, Formerly 6B-1.006, Amended 3-23-16, 11-22-22, 2-21-23, 5-23-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Kosec, Jr., Chief, Office of Professional Practices Services.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 09, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 22, 2023