To incorporate changes made by Emergency Rule 6AER21-02 to the Hope Scholarship Program. The effect is to include COVID-19 Harassment as a qualifying incident for a Hope Scholarship.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0951The Hope Scholarship Program

PURPOSE AND EFFECT: To incorporate changes made by Emergency Rule 6AER21-02 to the Hope Scholarship Program. The effect is to include COVID-19 Harassment as a qualifying incident for a Hope Scholarship.

SUMMARY: The Rule amendment will include COVID-19 Harassment as a qualifying incident for a student to receive a Hope Scholarship.

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 adverse impact or regulatory cost, if any, does not exceed, nor would it 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), 1002.40(16), F.S

LAW IMPLEMENTED: 1002.40, 1008.385, F.S.

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

DATE AND TIME: October 20, 2021, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Sierra Ballroom A & B, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Dakeyan Graham, Executive Director, Office of Independent Education & Parental Choice, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0951 The Hope Scholarship Program.

(1) through (2) No change.

(3) Parent notification requirements.

(a) Pursuant to the requirements of Section 1002.40(6), F.S., a school district must timely notify a parent of the Hope Scholarship program and provide the parent a completed Hope Scholarship Notification Form (Form IEPC-HS1), available on the Department’s website, www.floridaschoolchoice.org. Form IEPC-HS1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12106) is hereby incorporated by reference, effective November 2021 August 2020.

(b) A school district must include the reported incident type, location and time/date of reported incident on Form IEPC-HS1.

(c) Regardless of whether substantiated or not, the types of incidents that qualify a kindergarten through grade 12 public school student for a Hope Scholarship are aggravated battery, harassment, hazing, bullying, kidnapping, physical attack, robbery, sexual assault, sexual battery, sexual harassment, sexual offenses-other, threat or intimidation and fighting, as defined in Rule 6A-1.0017, School Environmental Safety Incident (SESIR) and COVID-19 harassment. COVID-19 harassment means any threatening, discriminatory, insulting, or dehumanizing verbal, written or physical conduct an individual student suffers in relation to, or as a result of, school district protocols for COVID-19, including masking requirements, the separation or isolation of students, or COVID-19 testing requirements, that have the effect of substantially interfering with a student’s educational performance, opportunities or benefits. Eligibility under COVID-19 harassment will extend through the 2021-22 school year.

(4) through (9) No change.

Rulemaking Authority 1001.02(2)(n), 1002.40(16) FS. Law Implemented 1002.40, 1008.385 F.S. History–New 8-21-18, Amended 8-18-20,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Dakeyan Graham, Executive Director, Office of Independent Education & Parental Choice.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 21, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 27, 2021