School Environmental Safety Incident Reporting (SESIR)  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NO.:RULE TITLE:

    6A-1.0017School Environmental Safety Incident Reporting (SESIR)

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 78, April 21, 2020 issue of the Florida Administrative Register.

    In response to JAPC and other stakeholders the proposed rule has been amended as follows:

    6A-1.0017 School Environmental Safety Incident Reporting (SESIR)

    (1) No change.

    (2) Definitions.

    (a) No change.

    (b) “Rank order level” means a classification of incidents, from Level I to Level IV, that determines which incident must be reported when more than one incident occurs during a single episode by severity. Incidents classified as Level I are the most serious and incidents classified as Level IV are the least serious. The rank order level of each incident is noted under the incident definitions found in subsection (7) of this rule.

    (c) No change.

    (d) “School district or “district” means a Florida school district, the Florida Virtual School (s. 1002.37, F.S.), the Florida School for the Deaf and Blind (s. 1002.36, F.S.), and Developmental Research (Laboratory) Schools (s. 1002.32, F.S.).

    (3) through (4) No change.

    (5) General SESIR reporting conventions.

    (a) SESIR is an incident-based reporting system, which means that a single incident is reported once, even where there are multiple offenders or victims, or multiple incidents offenses that occur within one episode incident.

    1. If there is more than one incident offense in a single episode incident, districts are required to report only one the incident based upon that is the most egregious, by rank order level, beginning with. iIncidents that are classified as Level I are the most serious and Level IV are the least serious.

    2. If there are multiple incidents offenses that have the same rank order level, districts must report the incident offense that caused the most injury or damage to property.

    (b) through (c) No change.

    (6) No change.

    (7) Incident definitions.

    (a) Alcohol (Level IV): Possession, sale, purchase, or use of alcoholic beverages. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation.

    (b) Aggravated Battery (Level I): A battery where the attacker intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or, where the attacker knew or should have known the victim was pregnant.

    (c) Arson (Level I): To intentionally damage or cause to be damaged, by fire or explosion, any dwelling, structure, or conveyance, whether occupied or not, or its contents. Fires that are not intentional, that are caused by accident, or do not cause damage are not required to be reported in SESIR.

    (d) Burglary (Level II): Unlawful entry into or remaining in a dwelling, structure, or conveyance with the intent to commit a crime therein.

    (e) Bullying (Level IV): Systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees that is severe or pervasive enough to create an intimidating, hostile, or offensive environment; or unreasonably interfere with the individual's school performance or participation. Bullying includes instances of cyberbullying.

    (f) Disruption on Campus-Major (Level III): Disruptive behavior that poses a serious threat to the learning environment, health, safety, or welfare of others. Examples of major disruptions include bomb threats, inciting a riot, or initiating a false fire alarm.

    (g) Drug Sale or Distribution (Level II) : The manufacture, cultivation, sale, or distribution of any drug, narcotic, controlled substance or substance represented to be a drug, narcotic, or controlled substance.

    (h) Drug Use or Possession (Level III): The use or possession of any drug, narcotic, controlled substance, or any substance when used for chemical intoxication. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation.

    (i) Fighting (Level III): When two or more persons mutually participate in use of force or physical violence that requires either physical intervention or results in injury requiring first aid or medical attention. Lower-level fights, including pushing, shoving, or altercations that stop on verbal command are not required to be reported in SESIR.

    (j) Harassment (Level IV): Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct that places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits, or has the effect of substantially disrupting the orderly operation of a school, including any course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose.

    (k) Hazing (Level III): Any action or situation that endangers the mental or physical health or safety of a student at a school with any of grades 6 through 12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization. Hazing includes, but is not limited to pressuring, coercing, or forcing a student to participate in illegal or dangerous behavior, or any brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements.

    (l) Homicide (Level I): The unjustified killing of one human being by another.

    (m) Kidnapping (Level I): Forcibly, or by threat, confining, abducting, or imprisoning another person against his or her will and without lawful authority.

    (n) Larceny/Theft ($750 threshold) (Level III): The unauthorized taking, carrying, riding away with, or concealing the property of another person, including motor vehicles, without threat, violence, or bodily harm. Incidents that fall below the $750 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies.

    (o) Other Major Incidents (Level III): Any serious, harmful incident resulting in the need for law enforcement consultation not previously classified.

    (p) Physical Attack (Battery) (Level II): An actual and intentional striking of another person against his or her will, or the intentional causing of bodily harm to an individual.

    (q) Robbery (Level II): The taking or attempted taking of anything of value that is owned by another person or organization, under the confrontational circumstances of force, or threat of force or violence, and/or by putting the victim in fear.

    (r) Sexual Assault (Level II): An incident that includes threatened rape, fondling, indecent liberties, or child molestation. Both males and females can be victims of sexual assault.

    (s) Sexual Battery (Rape) (Level I): Forced or attempted oral, anal, or vaginal penetration by using a sexual organ or an object simulating a sexual organ, or the anal or vaginal penetration of another by any body part or foreign object. Both males and females can be victims of sexual battery.

    (t) Sexual Harassment (Level III): Unwanted verbal, nonverbal, or physical behavior with sexual connotations by an adult or student that is severe or pervasive enough to create an intimidating, hostile or offensive educational environment, cause discomfort or humiliation or unreasonably interfere with the individual's school performance or participation, as defined in Rule 6A-19.008, F.A.C.

    (u) Sexual Offenses (Other) (Level III): Other sexual contact, including intercourse, without force or threat of force. Includes subjecting an individual to lewd sexual gestures, sexual activity, or exposing private body parts in a lewd manner.

    (v) Threat/Intimidation (Level III): An incident where there was no physical contact between the offender and victim, but the victim felt that physical harm could have occurred based on verbal or nonverbal communication by the offender. This includes nonverbal threats (e.g., brandishing a weapon) and verbal threats of physical harm which are made in person, electronically or through any other means. Threats made over the phone or in threatening letters are excluded.

    (w) Tobacco (Level IV): The possession, use, distribution, or sale of tobacco or nicotine products on school grounds, at school-sponsored events, or on school transportation by any person under the age of 21.

    (x) Trespassing (Level III): To enter or remain on school grounds, school transportation, or at a school-sponsored event, without authorization or invitation and with no lawful purpose for entry.

    (y) Vandalism ($1,000 threshold) (Level III): The intentional destruction, damage, or defacement of public or private/personal property without consent of the owner or the person having custody or control of it. Incidents that fall below the $1,000 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies.

    (z) Weapons Possession (Level II): Possession of a firearm or any instrument or object that can inflict serious harm on another person or that can place a person in reasonable fear of serious harm.

    (8) through (11) No change.