To revise the Office of Safe Schools’ procedures for monitoring and addressing issues of suspected noncompliance with safety requirements, including required reporting and training. In addition, the rule amendment will address ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0018School Safety Requirements and Monitoring

PURPOSE AND EFFECT: To revise the Office of Safe Schools’ procedures for monitoring and addressing issues of suspected noncompliance with safety requirements, including required reporting and training. In addition, the rule amendment will address new requirements found in SB 590. The amendment will also revise safety requirements based on feedback received over the past school year, including with respect to Alyssa’s Alert implementation, integration with local public safety answering point infrastructure, and threat assessment requirements.

SUMMARY: To incorporate changes made by Senate Bill 590 (2021) such as parent notification of certain serious incidents, as well as more detailed guidance related to the implementation of Alyssa’s Alert from Senate Bill 70 (2020). The rule will clarify specific safety measures that public schools are required to meet.

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), 1001.212(12), 1001.212(14), 1001.212(15), 1006.07(4), 1006.07(6), 1006.07(7), 1006.07(9), 1006.12(5), 1006.1493, 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: Brooks Rumenik, Deputy Director, Office of Safe Schools, Florida Department of Education, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.0018 School Safety Requirements and Monitoring

(1) through (7) No change.

(8) Alyssa’s Alert. Beginning with the 2021-22 school year, school districts are required to implement a mobile panic alert system that meets all requirements of Section 1006.07(4)(c), F.S. Districts are authorized to select, free of charge, a system under Department contract, or locally fund a system of their choice. The systems under contract with the Department are posted at http://www.fldoe.org/safe-schools/.

(a) Mobile panic alert systems must include mobile devices placed throughout each school campus. In determining the number and placement of devices needed to afford all staff members the ability to silently and easily activate a panic alert in the event of an on-campus emergency, districts must consider using a combination of fixed panic alert buttons, mobile and desktop applications, landline phone capabilities, and wearable panic alerts (such as on a lanyard).

(b) By August 1, 2022, school districts must include Alyssa’s Alert in their local emergency policies and procedures required by Section 1006.07(4)(a), F.S. The Alyssa’s Alert policies and procedures must be developed in consultation with the county 911 authority and local emergency management office to ensure that the system selected by the district integrates with local public safety answering point (PSAP) infrastructure to transmit calls and mobile activations.

(9) No change.

(10) Threat assessment teams.

(a) through (g) No change.

(h) Notification to Parents.

1. Each district must establish policies to provide notification to parents of threats and unlawful acts or significant emergencies as defined in Section 1006.07(4)(b), F.S., that occur on school grounds, during school transportation, or during school-sponsored activities.

2. District policies must address the timing, content, scope, and manner of notification, circumstances when law enforcement must be consulted, and the person or entity with responsibility for parental notification, and involvement of the threat assessment team. In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether the threat is transient or substantive, and whether there is an imminent threat of harm to students and the campus community.

3. In the case of an imminent threat of harm to students, including an active assailant incident or hostage situation, notification to parents must be made as soon as practicable. Such notification should be made in consultation with local law enforcement and first responders in order to avoid compromising the safety of students and the efficacy of the emergency response and investigation.

4. In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat assessment team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips, and crime and threat reporting information.

5. Notifications must be made in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, 34 C.F.R. Part 99, and Section 1002.22, F.S.

(11) through (14) No change.

(15) Emergency drills.

(a) Active assailant shooter and hostage situation drills must be conducted at least as often as fire drills are required by the Florida Fire Prevention Code, as adopted by the State Fire Marshal, available at www.myfloridacfo.com.

(b) Districts must document completion of emergency drills at all school facilities in the district.

(c) Active assailant and hostage situation drills must be conducted in accordance with developmentally appropriate and age-appropriate procedures. Districts are authorized to develop policies that provide for accommodations for drills conducted by exceptional student education (ESE) centers, as defined in Section 1003.57(1)(a)1.a., F.S. District accommodations for drills conducted at ESE centers, if any, must be included in the written policies and procedures for exceptional students that are submitted to the Department in accordance with Rule 6A-6.03411(2), F.A.C.

(16) through (21) No change.

Rulemaking Authority 1001.02(2)(n) FS. Law Implemented 1001.11(9), 1001.212(4), (12), (14), (15), 1006.07(6), (7), (9), 1006.12(5), 1006.1493, FS. History‒New 7-14-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brooks Rumenik, Deputy Director, Office of Safe Schools.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2021

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