The Commission proposes the rule amendment to update and clarify language regarding disciplinary guidelines and to make any statutory changes.

 

DEPARTMENT OF EDUCATION

Education Practices Commission

RULE NO.:RULE TITLE:

6B-11.007Disciplinary Guidelines

PURPOSE AND EFFECT: The Commission proposes the rule amendment to update and clarify language regarding disciplinary guidelines and to make any statutory changes.

SUMMARY: Update rule text and to make any statutory changes.

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: During discussion of the economic impact of this rule at the Commission meeting, the Commission, based upon the expertise and experience of its members and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or businesses, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 1012.79(7), 1012.795(6)(b) FS.

LAW IMPLEMENTED: 1012.795, 1012.796(7), (8) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gretchen Kelley Brantley, Executive Director, Education Practices Commission, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399-0400.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6B-11.007 Disciplinary Guidelines.

(1) No change.

(2) The following disciplinary guidelines shall apply to violations of the below listed statutory and rule violations and to the described actions which may be basis for determining violations of particular statutory or rule provisions. Each of the following disciplinary guidelines shall be interpreted to include “probation,” “Recovery Network Program,” “restrict scope of practice,” “fine,” and “administrative fees and/or costs” with applicable terms thereof as additional penalty provisions in each case in which neither a suspension or revocation is imposed, the penalty shall include a letter of reprimand. The terms “suspension” and “revocation” shall mean any length of suspension or revocation, including permanent revocation, permitted by statute, and shall include a comparable period of denial of an application for an educator’s certificate.

(a) through (d)  No change.
(e) Having an educator certificate or other professional license sanctioned or otherwise acted against including, but not limited to, by revocation, suspension, or surrender by this or another state in violation of section 1012.795(1)(e), F.S.	Probation Suspension - Revocation
(f) Committing criminal acts, guilty or no contest pleas and/or convictions, or having had adjudication withheld in violation of section 1012.795(1)(f), F.S. 1. Misdemeanors	Reprimand – Revocation Suspension
2. Felonies	Suspension – Revocation
(g) through (n)  No change.
(o) Violated test security in violation of 1012.795(1)(p), F.S.	Reprimand - Suspension
(p)(o) Other violations of section 1012.795, F.S.	Probation – Revocation or such penalty as is required by statute
(q)(p)  No change.

(3) through (5) No change.  

Rulemaking Authority 1012.79(7), 1012.795(6)(b) FS. Law Implemented 1012.795, 1012.796(7), (8) FS. History–New 2-27-94, Amended 3-22-07, 4-9-09, 5-29-18,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Education Practices Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Education Practices Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2018