To provide school districts with an additional pathway to hire personnel as a school social worker. The effect will be that schools will be able to hire more professionals by creating an additional pathway for districts to hire qualified social ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0502Non-certificated Instructional Personnel

PURPOSE AND EFFECT: To provide school districts with an additional pathway to hire personnel as a school social worker. The effect will be that schools will be able to hire more professionals by creating an additional pathway for districts to hire qualified social workers to work in their schools.

SUMMARY: This rule amendment would allow Florida school districts to hire social workers licensed by another state agency to be employed by the school district and work in schools without a Florida Educator Certificate. These provisions already exist in this rule for occupational therapists, physical therapists, audiologists, and speech pathologists.

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 amendment is not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S. and will not require legislative ratification. This is based upon the nature of the proposed change, which will allow school districts to hire social workers already licensed by another state agency to work in Florida’s public schools, including charter schools.

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, 1002.33, 1012.32, 1012.55(1), FS.

LAW IMPLEMENTED: 1002.33, 1012.32, 1012.55, FS.

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

DATE AND TIME: August 12, 2020, 9:00 a.m.

PLACE: Tallahassee (Exact location will be published in a meeting notice in the F.A.R. at least seven days prior)

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Daniel Moore, Bureau Chief, Bureau of Educator Certification, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0502 Non-certificated Instructional Personnel.

In each school district there are persons who possess expert skill in or knowledge of a particular subject or talent but do not hold a Florida teaching certificate. These persons constitute an invaluable community resource for the education of the pupils in that district. Each school board or charter school governing board shall adopt such policies as are necessary to ensure that the principals and teachers of that district or charter school may utilize in an appropriate instructional capacity the services of such expert persons in the community. Such persons may serve as a non-paid volunteer or as a paid member of the instructional staff to render instructional service in the individual’s field of specialty but shall not be required to hold a Florida teaching certificate. The school board or charter school governing board policies for non-certificated instructional personnel shall include, but are not limited to, the following:

(1) through (11) No change.

(12) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons licensed as clinical social workers under chapter 491, F.S., to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to rule 6A-1.064, F.A.C., provided, however, that a non-certificated person employed to render services as licensed clinical social worker may not be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law.

(13)(12) A non-certificated person employed pursuant to this section shall be accorded the same protection of the laws as that accorded the certificated teacher.

Rulemaking Authority 1002.33(12), 1012.32, 1012.55(1) FS. Law Implemented 1002.33, 1012.32, 1012.55 FS. History–New 7-20-73, Amended 4-19-74, Repromulgated 12-5-74, Amended 6-9-81, 8-16-82, Formerly 6A-1.502, Amended 5-30-94, 5-25-04,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Daniel Moore, Bureau Chief, Bureau of Educator Certification, Department of Education.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 24, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 19, 2020