To promote expeditious investigation of mandatory reports of misconduct received 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 ...

 

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 promote expeditious investigation of mandatory reports of misconduct received 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: The rule amendment requires the Department of Education’s Office of Professional Practices Services to: within twenty-four (24) hours, place an administrative notification on the educator’s profile screen in the database maintained by the Bureau of Educator Certification; prioritize the case and immediately begin the investigation; provide the educator an opportunity for an informal conference; and coordinate with the Office of the General Counsel to present the case to the Commissioner of Education within 30 days of receipt of a superintendent's report pursuant to subsection (2) for the commissioner's consideration of probable cause to sanction the educator's certificate.

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: September 23, 2020, 9:00 a.m.

PLACE: Florida Holocaust Museum, 55 5th St S., St. Petersburg, FL 33701.

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) through (2) No change.

(3) The superintendent’s report pursuant to subsection (2) to the Department of Education must include, at a minimum:

(a) through (e) No change.

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

(5) The Department of Education’s Office of Professional Practices Services must at a minimum:

(a) Within twenty-four (24) hours, place an administrative notification on the educator’s profile screen in the database maintained by the Bureau of Educator Certification;

(b) Prioritize the case and immediately begin the investigation, provide the educator an opportunity for an informal conference and coordinate with the Office of the General Counsel to present the case to the Commissioner of Education within 30 days of receipt of a superintendent's report pursuant to subsection (2) for the Commissioner's consideration of probable cause to sanction the educator's certificate.

Rulemaking Authority 1001.02(1), 1001.02(2)(n), 1012.796 FS. Law Implemented 1012.796(1), 1012.796(5) FS. History–New 10-6-19,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Kosec, Jr., Chief, Office of Professional Practices Services, 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: August 28, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2020