To update requirements relating to threat assessments and youth mental health awareness training.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0018School Safety Requirements and Monitoring

PURPOSE AND EFFECT: To update requirements relating to threat assessments and youth mental health awareness training.

SUMMARY: This amendment requires school districts to submit all school district and charter school policies and written procedures pertaining to the health, safety, or welfare of students to the Office of Safe Schools by July 1 of each year; provides that requirements for the maintenance and transfer of threat assessments are found in Rule 6A-1.0955, F.A.C.; clarifies and modifies school district reporting requirements for threat assessments; and includes the requirement for School Safety Specialists to ensure school personnel receive youth mental health awareness and assistance training as addressed within Section 1006.07(6), F.S.

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), 1012.584(2), 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, FL 32821

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brooks Rumenik, Deputy Director, Office of Safe Schools, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0018 School Safety Requirements and Monitoring

(1) through (3) No change.

(4) Monitoring by the District School Safety Specialist.

(a) No change.

(b) Districts must establish policies that require the school safety specialist to review school district and charter school policies and procedures at least annually for compliance with state law and rules, as provided by Section 1006.07(6)(a)1., F.S. Districts must submit all policies and written procedures pertaining to school safety, health, and welfare by July 1 of each year to the Office of Safe Schools.

(c) No change.

(5) No change.

(6) Safety Requirements. The Office will monitor schools and school districts for compliance with the safety requirements set forth in subsections (7) through (21)(20) of this rule.

(7) through (8) No change.

(9) FortifyFL.

(a) through (b) No change.

(c) School districts are required to promote FortifyFL and consequences of knowingly submitting false information, as provided in Section 943.082(4)(b), F.S. Districts are required to:

1. through 4. No change.

(10) Threat assessment teams.

(a) through (c) 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. Requirements for retention, maintenance, and transfer of threat assessment records are found in Rule 6A-1.0955, F.A.C. 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 (f) No change.

(g) Reporting. Each district must ensure that all threat assessment teams in the district report to the Office on the team’s activities during the previous school year. The district school safety specialist must ensure all schools in the district timely report information required by this paragraph. Information described below is due by October 1 and must be reported using the FSSAT:

1. Beginning in the 2022-23 school year, the total number of threat assessments conducted, disaggregated by the total number of non-threats, the total number of transient threats, the total number of substantive threats, and the sex, race, and grade level of all students assessed by the threat assessment team.

2. Suicide risk assessments must not be included in the overall count of threat assessments. If an identified threat of harm to others is made during a suicide risk assessment, a separate threat assessment must be conducted.

1. For the 2021-22 school year, the total number of threat assessments conducted, the number of transient threats, and the number of substantive threats.

2. Beginning in the 2022- 23 school year, the information required by subparagraph (10)(g)1. and the gender, race, and grade level of all students assessed by the threat assessment team.

(h) Notification to Parents.

1. through 5. No change.

(11) through (18) No change.

(19) Bullying and Harassment Prevention.

(a) Each school district must adopt a policy prohibiting bullying and harassment of students and employees that is consistent with the Department’s Model Policy Against Bullying Bulling and Harassment and meets all requirements in Section 1006.147(4), F.S. The policy must be reviewed at a minimum every three (3) years.

(b) No change.

(20) Youth Mental Health Awareness and Assistance Training. Each district school safety specialist shall ensure that all school personnel within his or her school district receive youth mental health awareness and assistance training, as provided in Section 1012.584, F.S.

(21)(20) School Safety Specialist Training.

(a) through (c) No change.

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

(a) No change.  

(b) Officer dismissal or discipline.

1. No change. 

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 (22)(21)(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) No change.

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

1. through 10. No change.

(24)(23) 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), subsections (7), (8), (13)-(16) and (20)-(22)(21) 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.

(25) (24) 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), 1006.07(4)(a) FS. Law Implemented 1001.11(9), 1001.212(4), (12), (14), (15), 1006.07(4)(a), (6), (7), (9), 1006.12(5), 1006.147, 1006.1493, 1008.386(3), 1012.584 FS. History‒New 7-14-21, Amended 11-23-21, 6-14-22, 9-20-22,

 

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: September 23, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2022