To set forth requirements relating to school safety and to define certain safety measures that schools are expected to meet. Amendments will address new requirements as a result of recent legislation to include: crisis intervention ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.RULE TITLE:

6A-1.0018:School 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 new requirements as a result of recent legislation to include: crisis intervention training for safe-school officers, enhanced requirements for threat assessment teams, requiring law enforcement officers be physically present during active assailant emergency drills, and requiring family reunification plans for all public schools. Other general matters relating to school safety monitoring, reporting and training, and threat assessment, will also be considered.

SUMMARY: This amendment to Rule 6A-1.0018, F.A.C., supports changes made by House Bill 1421 (2022) regarding new requirements to include: crisis intervention training for safe-school officers, enhanced requirements for threat assessment teams, requiring law enforcement officers be physically present during active assailant emergency drills, and requiring family reunification plans for all public schools. 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: August 17, 2022, 9:00 a.m.

PLACE: Pensacola State College. Switzer Center for Visual Arts (Bldg. 15), 1000 College Boulevard, Pensacola, FL 32504.

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 (4) No change.

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

(a) through (g) No change.

(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.

(6) No change.

(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 (c) No change.

(d) District school safety specialists must ensure that each safe-school officer in the district that is a sworn law enforcement officer, as defined under Sections 1006.12(1) and (2), F.S., has completed mental health crisis intervention training through a curriculum developed by a national organization with expertise in mental health crisis intervention. The training must meet the requirements set forth in Section 1006.12(6)(a), F.S.

(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.

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

(8) No change.

(9) FortifyFL.

(a) through (b) No change.

(c) School districts are required to promote FortifyFL, as provided in Section 943.082(4)(b), F.S. Districts are required to:

1. Advertise FortifyFL on the district website, on school campuses, in newsletters, and in school publications;

2. Install the FortifyFL app on all mobile devices issued to students; and

3. Bookmark the FortifyFL website on all computer devices issued to students; and.

4. Advertise that someone who knowingly submits a false tip through FortifyFL may be subject to further investigation by law enforcement, and may be subject to criminal penalties under Section 837.05, F.S.

(10) Threat assessment teams.

(a) through (b) No change.

(c) Composition. Each school’s threat assessment team must include persons with expertise in counseling, instruction, school administration, and law enforcement, as provided in Section 1006.07(7)(a), F.S. All members of the team must be involved in the threat assessment process and final decision-making.

1. through 3. 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. Because the purpose of the threat assessment is to identify and intervene in response to threats to school safety, completing a threat assessment does not require parental consent; however, a student’s parent must be notified if the threat assessment process reveals information about a student’s mental, emotional, or physical health or well-being, or results in a change in related services or monitoring. Threat assessment teams must follow local district policies and procedures for required parent notification.  

(e) through (h) No change.

(11) through (14) No change.

(15) Emergency drills.

(a) through (c) No change.

(d) District school safety specialists must coordinate with the sheriff in their county to determine what 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.

(16) No change.

(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) Identification of potential reunification sites;

(b) Training for employees;

(c) Multiple methods to effectively communicate with family members of students and staff; and

(d) Methods to aid law enforcement in student and staff identification.

(18)(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.

(19)(18) Bullying and Harassment Prevention.

(a) through (b) No change.

(20)(19) School Safety Specialist Training.

(a) through (c) No change.

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

(a) Discharge of a weapon. The district 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. The district school superintendent 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-2021 to [e-mail].

2. The district 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 (21)(20)(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) School districts must implement procedures to ensure that charter schools, law enforcement agencies, and private security firms employing or contracting with safe-school officers timely report discipline and dismissal of safe-school officers and any discharge of an officer’s weapon outside of training activities, so that districts can meet the reporting requirements of this subsection. 

(22)(21) 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)-(17)(16) and (20)-(21)(19)-(20) apply to charter schools, with any changes to the requirements set forth below:

1. through 9. No change.

10. Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm. Charter school governing boards must comply with district procedures authorized under paragraph (21)(18)(c) for reporting information on safe-school officer discipline and dismissal, and discharge of a firearm in the exercise of safe-school officer duties occurring while assigned to a charter school. 

(23)(22) 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)(e)(d), subsections (7), (8), (13)-(16) and (20)-(21)(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) No change.

(24)(23) 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 (d) No change.

 

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, 6-14-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brooks Rumenik, Deputy Director, 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: July 11, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 15, 2022