To describe the process for a parent to request the appointment of a Special Magistrate when a parent’s concern for his child’s welfare under the provisions of s. 1001.42(8)(c), F.S., have not been resolved to the parent’s ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0791Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools

PURPOSE AND EFFECT: To describe the process for a parent to request the appointment of a Special Magistrate when a parent’s concern for his child’s welfare under the provisions of s. 1001.42(8)(c), F.S., have not been resolved to the parent’s satisfaction at the local level by a charter school or by the school district that sponsors the charter school. The effect will be a new rule to implement the provisions of Chapter 2022-22, Laws of Florida, revolving around a Special Magistrate and charter schools.

SUMMARY: The proposed rule sets forth the requirements a parent must meet to request referral of a dispute to a Special Magistrate and incorporates a form a parent must utilize for this purpose. The proposed rule describes the duties of the Department, including review of the request, the grounds for dismissal of the request, and the factors the Commissioner of Education will use to decide whether to appoint a Special Magistrate; as well as duties of the charter school and sponsoring school districts. Additionally, the proposal includes provisions relating to financial costs related to the request for a Special Magistrate. The proposed rule is similar to the one adopted for use in traditional public schools (Rule 6A-1.094125, F.A.C.).

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 been prepared by the Agency.

There will be costs for charter schools if and when a Special Magistrate request is made by a parent. Those costs, including costs a school district incurs on behalf of a charter school, are limited to a district’s actual costs. At this time, the number of such disputes and, therefore, potential costs are unknown. However, if the Division of Administrative Hearings were to provide a Special Magistrate, the cost would be $150.00 per hour plus any travel time for their services and will not require legislative ratification.

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), (2)(n), 1001.42(8)(c)7.b.(I), F.S.

LAW IMPLEMENTED: 1001.42(8)(c), 1002.33(9)(p)2., (16)(a)5., (20)(b), F.S.

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

DATE AND TIME: October 19, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive, Orlando, Florida 32821

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Office of Independent Education and Parental Choice, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools.

(1) Purpose. The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student’s health, safety, or welfare as described in s. 1001.42(8)(c), F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Days” means business days and excludes state, federal and school district holidays;

(b) “Department” means the Florida Department of Education;

(c) “Parental Request for Appointment of a Special Magistrate for Charter School Students” or “Parental Request” means the written form adopted by and incorporated into this rule. 

(d) “Parent” means the definition of that term provided in s. 1000.21, F.S.;

(e) “Parties” means the parent who submitted a request for appointment of a Special Magistrate and the school district and charter school governing board;

(f) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under s. 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience;

(3) Parental Obligations. In order to request appointment of a Special Magistrate, a parent must:

(a) Complete the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students;”

(b) Describe the nature of the dispute;

(c) Describe the resolution or relief sought with the charter school principal or designee appointed by the charter school governing board and subsequently, with the school district that sponsor’s the charter school;

(d) Describe the resolution sought from the Special Magistrate and the State Board of Education;

(e) Demonstrate that before filing for the appointment of a Special Magistrate, resolution of the dispute was sought by the parent with:

1.The principal or designee appointed by the charter school governing board to resolve parental disputes; and

2. The school district, all in accordance with the procedures adopted by the school district for resolution of the dispute:  

(f) Provide and maintain accurate contact information such as an email address, telephone number and mailing address for the parent.

(4) School District Obligations. Each school district must: 

(a) Develop procedures to resolve student health, safety, or welfare complaints under s. 1001.42(8)(c), F.S.,  for a student who is enrolled in a charter school sponsored by the district. These procedures must include the following:

1. The process for resolution when the charter school principal or designee is unable to resolve the dispute to the parent’s satisfaction; 

2. Providing a parent with a statement of the reasons for not resolving the dispute, when the district is unable to resolve the complaint; and    

3. The time limits for a response or notice of reasons for not resolving the dispute, which must be no more than 30 days from receipt of the complaint.

(b) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate for charter school student complaints and notify the Department of the name and email address of the individual;

(c) Within five (5) days of receipt of notice that a parent has requested the appointment of a Special Magistrate as described in subsection (3), provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraph (7)(b) of this rule apply to the parental request for appointment of a Special Magistrate; and  

(d) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate.  

(5) Charter School Governing Board’s Obligations. To ensure that the Special Magistrate process is available to a parent of a student enrolled in a charter school, a charter school governing board must:

(a) Adopt procedures to notify parents of the following:

1. The ability to seek relief from the school principal or designee for a dispute under s. 1001.42(8)(c)1.-7., F.S.;

2. If the parent remains aggrieved after receiving the response from the principal or designee, the ability to seek relief from the school district that sponsors the charter school; and

3. The time limits for a response, which must be no more than seven days from receipt of the complaint for the principal/designee and no more than 30 days from receipt of the complaint for the school district.

(b) Fully cooperate in the district’s resolution procedures and comply with the district’s decision for resolution of the complaint; and

(c) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate and notify the Department of the name and email address of the individual.

(6) Financial Costs Related to Disputes Involving Special Magistrate Process for Charter School Students. All costs a district incurs for reviewing and responding to a complaint lodged by a parent of a student enrolled in a charter school under this rule, is a service provided by the school district to the charter school; contracts for such services are limited to the district’s actual costs unless mutually agreed to by the school district and charter school, based upon the provisions of s. 1002.33(20)(b), F.S.

(7) Department of Education Obligations.

(a) Review of “Parental Request for Appointment of a Special Magistrate for Charter School Students.” Upon receipt of the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students,” the Department will:

1. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20) days of receipt of a Departmental notice that missing or supplemental information is needed; 

2. Notify the charter and the school district of receipt of the Parental Request for Appointment of a Special Magistrate for Charter Schools; and

3. Provide written notice to the parent, charter school and school district that the request has been provided to the Commissioner of Education for consideration or provide notice of dismissal of the Parental Request.

(b) Dismissal of Parental Request for Appointment of Special Magistrate by the Department. The Department will dismiss a Parental Request under the following circumstances:

1. The parent notifies the Department that the dispute has been resolved or withdrawn;

2. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;

3. The parent has not demonstrated full and complete use of any charter school and school district procedures for resolving the dispute;

4. The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations, or under s. 1003.56, F.S., and rules adopted by the Department to implement s. 1003.56, F.S., or is otherwise outside of the scope of the student welfare requirements set forth in s. 1001.42(8)(c)1.-7., F.S.; or

5. The parent has failed to maintain accurate contact information with the Department or the Special Magistrate.

(c) Obligations Post Appointment of Special Magistrate. Upon appointment of a Special Magistrate by the Commissioner under subsection (8) of this rule, the Department will:

1. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following:

a. The name and contact information of the Special Magistrate;

b. The time frame when the Special Magistrate is expected to provide a written recommendation to the State Board of Education; and

c. The requirement to maintain accurate contact information with the Department and the Special Magistrate;

2.  Provide to the Special Magistrate the following:

a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and

b. To allow sufficient time for review by the State Board of Education of a recommendation rendered by the Special Magistrate, the time frame(s) when a recommended decision is expected to be provided by the Special Magistrate to the parties and the State Board of Education. This timeframe may be extended by agreement of the parties. 

(8) Commissioner of Education. The Commissioner of Education will review each pending completed Parental Request and decide whether to appoint a Special Magistrate utilizing the following factors:

(a) Whether there is authority and the ability to provide effective relief to the parent through the Special Magistrate process;

(b) Whether the parent is seeking or has already sought relief in court;

(c) Whether due to a change in circumstances, such as a change in a student’s school or grade level or a change in procedures or training, the dispute is moot or not ripe; and

(d) Whether grounds for dismissal of the Parental Request, as described in paragraph (7)(b) of this rule, are found to exist.

(9) Special Magistrate Procedures.

(a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings, except where inconsistent with this rule or s. 1001.42(8)(c), F.S. 

(b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:

1.  The Special Magistrate shall set and notify all parties of the time and place of the hearings.

2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.

3. The parties or the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the Special Magistrate shall be governed by the Administrative Procedure Act.

4. The Special Magistrate may permit the submission of written memorandum by the parties.

(c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of s. 1001.42(8)(c), F.S., by the charter school. The Special Magistrate’s recommended decision shall be based upon the evidence presented and argument made before the Special Magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties.  

(d) The Special Magistrate’s recommended decision is due within thirty (30) days of the date a parent request is received by the Special Magistrate from the Department. The 30-day time frame can be extended upon agreement. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate.

(10) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Parental Request for Appointment of a Special Magistrate for Charter School Students, Form No. CSSM-1 (effective November 2022).

Rulemaking Authority 1001.02(1), (2)(n), 1001.42(8)(c)7.b. FS. Law Implemented 1001.42(8)(c)7.b., 1002.33(9)(p)2. FS. History - New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Office of Independent Education and Parental Choice.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2022