To adopt a rule that will require quick reporting to the Department of Education by school districts when there are allegations of misconduct by school district staff that affect the health, safety or welfare of a student. Additionally, the purpose ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.082Mandatory Reporting of Offenses Affecting the Health, Safety or Welfare of Florida Students

PURPOSE AND EFFECT: To adopt a rule that will require quick reporting to the Department of Education by school districts when there are allegations of misconduct by school district staff that affect the health, safety or welfare of a student. Additionally, the purpose is to clarify the alleged misconduct that requires expeditious reporting and the information that should be reported. The effect of the rule will be to promote expeditious investigation of complaints by the Department of Education, as well as allowing a timely mechanism for the Commissioner of Education to exercise his authority to recommend removal of school district personnel from direct student contact.

SUMMARY: Reporting to Florida Department of Education of misconduct by school district staff.

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 as it calls for reporting of information that comes to a school superintendent and the reporting itself requires minimal information.

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), 1001.02(2)(n), 1012.796, FS.

LAW IMPLEMENTED: 1012.796(1), 1012.796(5), FS.

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

DATE AND TIME: August 21, 2019, 9:00 a.m.

PLACE: Broward College, 111 East Las Olas Boulevard, Room 1208, Fort Lauderdale, Florida 33301.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Randy Kosec, Jr., Chief, Office of Professional Practices Services, 325 West Gaines Street, Suite #224, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.082 Mandatory Reporting of Offenses Affecting the Health, Safety and Welfare of Florida Students.

(1) Definitions. For the purposes of this rule, the following definitions apply:

(a) “Administrative personnel” means any K-12 personnel, as defined by s. 1012.01(3), Florida Statutes.

(b) “Instructional personnel” means any K-12 staff member as defined by s. 1012.01(2), Florida Statutes.

(c) “Substantiated allegation” means evidence of guilt that goes beyond reasonable suspicion and which supports a finding of probable cause to believe the conduct has occurred.  It does not require the completion of an investigation and can be a preliminary determination. 

(2) Beginning with the 2019-20 school year, within twenty-four (24) hours of the matter coming to the attention of a school district, a school district superintendent must report to the Department of Education an arrest or conviction of any administrative or instructional personnel for any of the offenses listed below.  The same reporting requirements apply where there are substantiated allegations of misconduct by any administrative or instructional personnel that would constitute any of the offenses listed below, regardless of whether there has been an arrest or conviction.

(a) Felony offenses:

1. Section 782.04, F.S., relating to murder.

2. Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

3. Section 787.01, F.S., relating to kidnapping.

4. Section 787.025, F.S., relating to luring or enticing a child.

5. Section 787.04(2), F.S., relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.

6. Section 787.04(3), F.S., relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.

7. Section 794.011, F.S., relating to sexual battery.

8. Section 794.05, F.S., relating to unlawful sexual activity with certain minors.

9. Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.

10. Section 827.071, F.S., relating to sexual performance by a child.

(b) Misdemeanor offenses: Section 787.025, F.S., relating to luring or enticing a child.

(c) Any criminal act committed in another state, or under federal law, which if committed in Florida constitutes an offense prohibited under any statute listed in subsections (2)(a) or (2)(b) of this rule.

(3) The superintendent’s report to the Department of Education must include, at a minimum:

(a) the name of the instructional or administrative staff person arrested, convicted, or implicated by a substantiated allegation of misconduct;

(b) the name of the institution where the person is or was employed;

(c) the date on which the school district became aware of the arrest, conviction, or substantiated allegation of misconduct; and

(d) a description of any action taken by the district in response.

(4) The superintendent’s report must be emailed to the Department of Education at the following address: [e-mail].

Rulemaking Authority 1001.02(1), 1001.02(2)(n), 1012.796 F.S. Law Implemented 1012.796(1), 1012.796(5) F.S., New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Paul Burns, Deputy Chancellor, Educator Quality

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2019