To implement the Individualized Seizure Action Plan (ISAP) as described in section 1006.0626, Florida Statutes, to ensure that there is an increased readiness for the care of students with epilepsy or seizure disorders.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-3.0121Responsibility of School District and Parents or Guardians for Students Who Are Transported at Public Expense

PURPOSE AND EFFECT: To implement the Individualized Seizure Action Plan (ISAP) as described in section 1006.0626, Florida Statutes, to ensure that there is an increased readiness for the care of students with epilepsy or seizure disorders.

SUMMARY: The amendment requires that school bus operators and attendants receive any training required by a student’s Individualized Seizure Action Plan (ISAP) as described in section 1006.0626, F.S., to ensure that there is an increased readiness for the care of students with epilepsy or seizure disorders who may require immediate response while in the care of the school bus operator or attendant.

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: The fiscal impact of the rule revision will be minimal and will not approach $200,000 per year. 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(1), 1006.22(13), F.S.

LAW IMPLEMENTED: 1001.42(10), 1003.31(1)(d), 1006.062, 1006.0626, 1006.10, 1006.22, F.S.

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

DATE AND TIME: October 19, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-3.0121 Responsibility of School District and Parents or Guardians for Students Who Are Transported at Public Expense.

(1) No change.

(2) The school district shall exercise additional specific powers and responsibilities as follows:

(a) No change.

(b) The district shall instruct bus operators, and attendants if used, in their responsibilities for students who are transported at public expense as follows:

1. through 2. No change.

3. The operator and attendant shall be provided certified cardiopulmonary resuscitation (CPR) and first aid training along with other required pre-service training prior to transporting students, and shall receive CPR and first aid refresher in-service training at least biennially; however, the operator and attendant shall not give medicine and shall limit his or her assistance to that which may normally be expected of a reasonable, prudent person or as specified in the student’s Individual Educational Plan or Individualized Seizure Action Plan. All operators and attendants who are employed and transporting students on or before the effective date of this rule must be provided certified CPR and first aid training by November 1, 2020.

4. Each school district must ensure that school bus operators and attendants receive information regarding each affected student’s Individualized Seizure Action Plan and appropriate training regarding how to provide recommended care if the student shows symptoms of the epilepsy or seizure disorder, in accordance with s. 1006.062, F.S. The student’s parent and emergency contact information must also be provided to bus operators and attendants.

(c) The district shall inform parents, guardians, and students at least annually, in writing, of their responsibilities and related district policies as follows:

1. through 3. No change.

4. To ensure that, when the physical disability of the student renders the student unable to get on and off the bus without assistance, the parent or guardian provides the necessary assistance to help the student get on and off at the bus stop, as required by district policy or the student’s Iindividual Eeducational Pplan.

(3) No change.

Rulemaking Authority 1001.02(1), 1006.22(13) FS. Law Implemented 1001.42(10), 1003.31(1)(d), 1006.062, 1006.0626, 1006.10, 1006.22 FS. History–New 3-26-66, Amended 9-17-72, Repromulgated 12-5-74, Formerly 6A-3.121, Amended 11-15-94, 11-26-06, 4-25-17, 8-20-19,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 7, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 25, 2022