This amended rule provides greater clarity on SESIR reporting requirements and incident definitions and incorporated changes recommended by the Statewide Grand Jury, the Marjory Stoneman Douglas (MSD) High School Public ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0017School Environmental Safety Incident Reporting (SESIR)

PURPOSE AND EFFECT: This amended rule provides greater clarity on SESIR reporting requirements and incident definitions and incorporated changes recommended by the Statewide Grand Jury, the Marjory Stoneman Douglas (MSD) High School Public Safety Commission, and an interdisciplinary SESIR workgroup. The effect is to set forth the requirements for school districts to report school-related incidents with enhanced accuracy and to standardize reporting to law enforcement.

SUMMARY: This proposed rule designates the specific SESIR incidents that schools must report to law enforcement in order to make permanent the changes established in Emergency Rule 6AER23-01. Previously each school board determined which incidents required reporting to law enforcement.

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 to SESIR reporting are based on requirements in House Bill 543 (2023) and are not expected to add to any expense associated with reporting. 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 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), 1006.07(9), F.S.

LAW IMPLEMENTED: 1001.212(8), 1001.42(13)(b), 1001.51(12), 1001.54(3), 1002.33(16)(b)10, 1006.07(9), 1006.09(6), 1006.135(2)(e), 1006.147(4)(k), (6), 1008.385, 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: Julie Collins, Office of Safe Schools, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0017 School Environmental Safety Incident Reporting (SESIR).

(1) No change.

(2) Definitions.

(a) through (e) No change.

(f) “Reported to law enforcement” means that school district or charter school staff communicated with a School Resource Officer (SRO) or other law enforcement official about an incident. Reporting to law enforcement may not always result in law enforcement action being taken.

(g)(f) “School district” or “district” means a Florida school district, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). All reporting requirements in this rule also apply to charter schools, pursuant to Section 1002.33(16)(b)10., F.S.

(h)(g) “School personnel” means any person employed at a school, volunteering at a school on a temporary or permanent basis, or a third party that is contracted to provide services for the school.

(i)(h) “Unsubstantiated” means that following an investigation, there is not enough evidence to demonstrate that the alleged incident occurred.

(3) through (6) No change.

(7) Incident definitions.

(a) through (y) No change.

(z) Weapons Possession (Level II): Possession of a firearm or weapon any instrument or object as defined by Section 790.001(6) and (13), F.S., that can inflict serious harm on another person or that can place a person in reasonable fear of serious harm.

(8) Related element definitions.

(a) through (h) No change.

(i) Weapon-related: All SESIR incidents are required to be reported as Weapon-related where anyone involved possessed or used a firearm or weapon or if the incident was related to possession, use or sale of firearms or weapons, as defined in Section 790.001(6) and (13), F.S.

(9) Reporting law enforcement involvement. For each SESIR incident, a school district must report one of the following three (3) choices regarding law enforcement involvement:

(a) through (c) No change.

(d) Required reporting to law enforcement.

1. School districts must report all SESIR incidents to law enforcement, except for Bullying, Harassment, Sexual Harassment, and Tobacco.

2. School districts must report all SESIR incidents to law enforcement, including Bullying, Harassment, Sexual Harassment, and Tobacco, where the incident includes one or more of the following related elements:

a. Alcohol-related;

b. Drug-related;

c. Gang-related;

d. Hate crime-related;

e. Hazing-related;

f. Injury-related, if the injuries are reported as more serious; and

g. Weapon-related.

3. This rule does not limit school districts and charter schools from reporting other incidents to law enforcement that are not listed in subparagraph (9)(d)1. and 2.             

(10) through (11) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1006.07(9), 1008.385(3) FS. Law Implemented 1001.212(8), 1001.42(13)(b), 1001.51(12), 1002.33(16)(b)10., 1006.07(9), 1006.135(2)(e), 1006.147(4)(k), 1006.147(6), 1008.385 FS. History‒New 6-16-20, Amended 8-23-21, 1-17-23,

 

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: June 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 17, 2023