The amendment provides criteria to avoid learning loss and consider a student in attendance, when under a “stay-home” directive due to COVID-19. Emergency Rule 6AER21-01 was adopted on August 6, 2021, and is in effect for ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.044Pupil Attendance Records

PURPOSE AND EFFECT: The amendment provides criteria to avoid learning loss and consider a student in attendance, when under a “stay-home” directive due to COVID-19. Emergency Rule 6AER21-01 was adopted on August 6, 2021, and is in effect for 90 days. This rulemaking would make the language effective for the 2021-2022 school year via an amendment to 6A-1.044.

SUMMARY: The amendment provides that an asymptomatic student who is under a “stay-home” directive due to COVID-19 contact tracing protocols may be considered in attendance up to 10 days if certain criteria is met.

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: Based upon the nature of the changes, 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), 1003.23, F.S.

LAW IMPLEMENTED: 1003.23, F.S.

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

DATE AND TIME: October 20, 2021, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Sierra Ballroom A & B, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jacob Oliva, Chancellor, Division of Public Schools, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.044 Pupil Attendance Records.

(1) through (5) No change.

(6) Pupil Attendance Records for COVID-19. Where an asymptomatic student is under a quarantine order or is not physically present in school due to contact with, or the asymptomatic contraction of, COVID-19, the student shall be considered under a stay-home directive due to contact tracing protocols. For the 2021-2022 school year, a student under a stay-home directive may only be considered in attendance for up to ten (10) days if the following criteria are met:

(a) The district has adopted procedures to continue the education of the student during the stay-home directive;

(b) These procedures rely upon continuing the student’s access to assignments and curriculum the student would be receiving were the student was physically present in school; and

(c) Instructional personnel or administrative personnel, as defined in Section 1012.01, F.S., must be available to assist the student with assignments and curriculum during the stay-home directive.

(6) through (12) renumbered (7) through (13).

Rulemaking Authority 1001.02(1), 1003.23 FS. Law Implemented 1003.23 FS. History–New 2-20-71, Amended 9-17-71, 10-18-71, 8-19-72, 11-18-72, Repromulgated 12-5-74, Formerly 6A-1.44, Amended 9-16-87, 1-11-88, 7-5-89, 10-3-91, 11-26-02, 2-25-09,

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacob Oliva, Chancellor, Division of Public Schools.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 21, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 25, 2021