To incorporate new statutory language related to student discipline and mental health information and a three-day requirement for transfer of education records between schools.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0955Education Records

PURPOSE AND EFFECT: To incorporate new statutory language related to student discipline and mental health information and a three-day requirement for transfer of education records between schools.

SUMMARY: This amendment incorporates the following changes: provide definitions for “therapeutic treatment plan” and “therapy progress notes;” expands Category B records to include student discipline records, SESIR (School Environment Safety Incident Reporting) incidents, threat assessments, academic and behavioral intervention services, psychological evaluations, therapy treatment plans and therapy progress notes; establishes that education records of students who transfer from school to school must occur within three (3) school days.

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: Based upon the nature of the changes, 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 the rule changes.

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), 1002.22(3), 1003.25(2), 1008.405, FS.

LAW IMPLEMENTED: 1001.42(13), 1001.52(2),(3), 1002.22(2),(3), 1002.221, 1003.25, 1008.386, 1008.39, 1008.405, FS.

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

DATE AND TIME: April 1, 2020, 9 a.m.

PLACE: Mater Academy Charter Middle/High School, 7901 NW 103rd Street, Hialeah Gardens, FL 33016

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rod Duckworth, Office of Articulation, Department of Education, 325 West Gaines Street, Room 1401, Tallahassee, Florida 32399-0400.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0955 Education Records.

(1) No change.

(2) Definitions.

(a) “Therapeutic treatment plan” means a plan that identifies the mental health diagnosis, or condition, the therapy or intervention goal(s), the type of school-based mental health intervention, and the school-based mental health services provider responsible for providing the mental health intervention or therapy.

(b) “Therapy progress notes” means notes maintained by a school-based mental health services provider that summarize the focus and progress toward treatment goals(s) of each therapy or intervention session.

(3)(2) Information contained in education records shall be classified as follows:

(a) through (b) No change.

(4)(3) Content of Category A records. The following information shall be maintained for each student:

(a) through (i) No change.

(5)(4) Content of Category B records. These records may include but are not limited to the following:

(a) Health information and health care plans,

(b) Family background data,

(c) Standardized test scores,

(d) Educational and career plans,

(e) Honors and activities,

(f) Work experience reports,

(g) Teacher comments,

(h) Reports of student services or exceptional student staffing committees including all information required by section 1001.42(13), F.S.,

(i) Discipline records,

(j) School Environmental Safety Incident Reports (SESIR) collected under s. 1006.07(9), F.S.,

(k) Threat assessments done by the threat assessment team pursuant to s. 1006.07(7), F.S.,

(l) Academic and behavioral intervention services,

(m) Psychological evaluations,

(n) Therapeutic treatment plans and therapy progress notes,

(o)(i) Correspondence from community agencies or private professionals,

(p)(j) Driver education certificate,

(q)(k) List of schools attended,

(r)(l) Written agreements of corrections, deletions or expunctions as a result of meetings or hearings to amend educational records, and

(s)(m) Records designated for retention by the Florida Department of State in General Records Schedule GS7 for Public Schools Pre-K – 12, Adult and Vocational/Technical.

(6)(5) School districts shall maintain sufficient information, to include social security numbers for adult students enrolled in a postsecondary program so that they can be located after they have either withdrawn or completed a program of study.

(7)(6) Each school board shall adopt a policy for educational records which shall include:

(a) through (l) No change.

(8)(7) Procedures for transfer of education records.

(a) through (b) No change.

(c) The transfer of records of students who transfer from school to school must occur within three (3) school days of receipt of the request for records from the new school or district, or receipt of the identity of the new school and district of enrollment, whichever occurs first. Student records must contain verified reports of serious or recurrent behavior patterns, including threat assessments and intervention services, and psychological evaluations, including therapeutic treatment plans and therapy progress notes created or maintained by district or charter school staff.

(9)(8) Security of education records.

(a) through (c) No change.

Rulemaking Authority 1001.02(1), 1002.22(3), 1003.25(2), 1008.405 FS. Law Implemented 1001.42(13), 1001.52(2), (3), 1002.22(2), (3),1002.221, 1003.25, 1008.386, 1008.39, 1008.405 FS. History–New 4-11-70, Repromulgated 12-5-74, Revised 6-1-75, Amended 10-7-75, 2-21-77, 3-1-78, 5-24-81, Formerly 6A-1.955, Amended 6-17-87, 1-2-95, 10-25-10,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Office of Articulation, Department of Education

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2019