To revise submission procedures for school districts to plan and document delivery of required instruction related to s. 1003.42(2), F.S., for grades K-12 students. An online portal used by 69 districts in 2020 (when it ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-1.094121Mental and Emotional Health Education

6A-1.094122Substance Use and Abuse Health Education

6A-1.094123Child Trafficking Prevention Education

6A-1.094124Required Instruction Reporting

PURPOSE AND EFFECT: To revise submission procedures for school districts to plan and document delivery of required instruction related to s. 1003.42(2), F.S., for grades K-12 students. An online portal used by 69 districts in 2020 (when it was optional) will now be required for annual plans and the annual report. The following three rules: 6A-1.094121, 6A-1.094122 and 6A-1.094123 will be consolidated into Rule 6A-1.094124. These three rules will then be repealed.

SUMMARY: School districts must annually submit a report documenting instruction for students in grades K-12 related to their implementation of the required instruction in s. 1003.42(2), F.S., by July 1. For Mental and Emotional Health Education, Substance Use and Abuse Health Education and Child Trafficking Prevention Education, school districts must also annually submit a plan by December 1 for how instruction will be delivered. These requirements, all relating to the same statute, are spread across four rules and there is not a standardized method for submitting plans and reports to the Department. This action will consolidate four rules into one and standardize the submission process. Additionally, the Department must provide school districts at least 45 days to submit revisions needed to comply with the requirements of the rule or the required instruction statute (s. 1003.42, 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: Development and optional use of the portal for the July 2020 reporting did not exceed $200,000. Furthermore, it is expected that the required use of the online portal by school districts will results in standardization and cost savings for districts and the Department. The adverse impact or regulatory cost, if any, does not exceed, nor would be expected to exceed, any one of the economic analysis criteria set forth in section 120;541(2)(a), F.S. 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(2)(n), 1003.42(2), FS.

LAW IMPLEMENTED: 1003.42, FS.

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

DATE AND TIME: November 10, 2020, 9:00 a.m.

PLACE: Miami Arts Studio 6-12 @ Zelda Glazer 15015 SW 24 Street Miami, Florida 33185.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael DiPierro, Director of Standards, Bureau of Standards and Instructional Support; [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.094121 Mental and Emotional Health Education.

Rulemaking Authority 1001.02(2)(n), 1003.42 F.S. Law Implemented 1003.42 FS. History–New 8-20-19. Repealed

 

6A-1.094122 Substance Use and Abuse Health Education.

Rulemaking Authority 1001.02(2)(n), 1003.42 FS. Law Implemented 1003.42 FS. History–New 9-24-19. Repealed

 

6A-1.094123 Child Trafficking Prevention Education.

Rulemaking Authority 1001.02(2)(n), 1003.42(2) FS. Law Implemented 1003.42 FS. History‒New 11-6-19. Repealed

 

6A-1.094124 Required Instruction Planning and Reporting.

(1) In order to provide information about the manner in which the prescribed courses of study set forth in Section 1003.42(2), F.S., are provided by school districts, by July 1 of each year, each school district must submit a report to the Commissioner of Education that describes how instruction was provided for topics in Sections 1003.42(2)(a)-(n) and (p)-(t), F.S., during the previous school year. This report shall be submitted through the Required Instruction Reporting Portal located at www.flrequiredinstruction.org. The department may provide technical assistance on required instruction specific to each topic.

(2) This report shall contain:

(a) The specific courses in which instruction has been will be delivered for each grade level; and

(b) A description of the materials and resources utilized to deliver instruction.; and

(c) For subsections (3)-(5) of this rule, the professional qualifications of the person delivering instruction.

(3) Mental and Emotional Health Education. Failure to comply with the requirements of this rule may result in the imposition of sanctions described in Section 1008.32, F.S.

(a) School districts must annually provide a minimum of five (5) hours of instruction to students in grades 6-12 related to youth mental health awareness and assistance, including suicide prevention and the impacts of substance abuse.

(b) Using the health education standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction for youth mental and emotional health will advance each year through developmentally appropriate instruction and skill building and must address, at a minimum, the following topics:

1. Recognition of signs and symptoms of mental health disorders;

2. Prevention of mental health disorders;

3. Mental health awareness and assistance;

4. How to reduce the stigma around mental health disorders;

5. Awareness of resources, including local school and community resources;

6. The process for accessing treatment;

7. Strategies to develop healthy coping techniques;

8. Strategies to support a peer, friend, or family member with a mental health disorder;

9. Prevention of suicide; and

10. Prevention of the abuse of and addiction to alcohol, nicotine, and drugs.

(4) Substance Use and Abuse Health Education.

(a) School districts must annually provide instruction to students in grades K-12 related to youth substance use and abuse health education.

(b) Using the health education standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction for substance use and abuse education will advance each year through developmentally appropriate instruction and skill building.

(5) Child Trafficking Prevention Education.

(a) It is the intent of the State Board of Education that every school in Florida be a “Child Trafficking Free Zone.”

(b) School districts must annually provide instruction to students in grades K-12 related to child trafficking prevention and awareness.

(c) Using the health education standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction for child trafficking prevention will advance each year through developmentally appropriate instruction and skill building.

(d) Age-appropriate elements of effective and evidence-based programs and instruction to students in grades K-12 related to child trafficking prevention and awareness and must address, at a minimum, the following topics:

1. Recognition of signs of human trafficking;

2. Awareness of resources, including national, state and local resources;

3. Prevention of the abuse of and addiction to alcohol, nicotine, and drugs;

4. Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance; and

5. Information on how social media and mobile device applications are used for human trafficking.

(e) In order to assist with instruction, the department will maintain a human trafficking webpage, located at http://www.fldoe.org/schools/healthy-schools/human-trafficking.stml, with information about the education described in this rule; resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes; and materials for parents, guardians, and other caretakers of students.

(6) By December 1 of each year, each school district must submit an implementation plan to the commissioner through the Required Instruction Reporting Portal for sections (3)-(5) of this rule, and post the plan on the school district website. The implementation plan must include:

(a) The methods in which instruction will be delivered for each grade level;

(b) The professional qualifications of the person delivering instruction; and

(c) A description of the materials and resources utilized to deliver instruction.

(7) When a school district’s plan for instruction as set forth in subsection (6), or a school district’s reported instruction as set forth in subsections (1) and (2) of this rule, do not meet the requirements of this rule or Section 1003.42, F.S., school districts must be provided no less than 45 days in order to submit revisions to the department.

(8) Failure to comply with the requirements of this rule may result in the imposition of sanctions described in Section 1008.32, F.S.

Rulemaking Authority 1001.02(2)(n), 1003.42(2) FS. Law Implemented 1003.42 FS. History–New 10-24-19,.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael DiPierro, Director of Standards, Bureau of Standards and Instructional Support.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 25, 2020