25629745, 6A-10.084 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25629745

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

MISCELLANEOUS

Overview

RULE:

6A-10.084

Disqualification List

PURPOSE:

To create a Disqualification List and provide instructions for reporting persons to the Department for inclusion on the list. The Disqualification List will contain persons who have committed offenses listed in s. 1012.315, F.S., or engaged in sexual misconduct with a student, as well as persons who have operated or owned an educational institution which has been operated contrary to the health, safety or welfare of the public. The purpose is also to set forth the instructions for seeking removal from the list, as well describing the criteria for removal from the list. The purpose of the rule is also to incorporate by reference a form affidavit for use by school districts when a person is terminated or resigns in lieu of termination.

SUMMARY:

The rule defines sexual misconduct with a student and requires reporting entities to provide notice to persons submitted to the Department of the consequences of inclusion on the list. The rule requires school districts, the Educational Practices Commission (EPC) and the Commissioner of Education to issue a final order under chapter 120, in order to submit a person to the list. The rule requires charter schools and private schools which accept student receiving a scholarship under chapter 1002, F.S., to adopt procedures and to issue a final report before submitting a person for inclusion on the list. The rule requires reporting to a specific site, and based upon the five different reporting entities (school districts, charter schools, private schools, EPC and the Commissioner) the rule describes the information needed in order to report a person for inclusion on the list, and incorporates forms that must be used to report a person for inclusion on the list. The rule also describes the information needed to request removal from the list and the criteria for determining whether to remove a person from the list.

RULEMAKING AUTHORITY:

1001.02(1), (2)(n), 1001.10(4)(d), 1012.31(2)(a), F.S.

LAW:

1001.10(4)(b), 1012.31(2)(a), F.S.

PRINT PUBLISH DATE:

3/7/2022 Vol. 48/45

COMMENTS:

From 3/7/2022 To 3/28/2022 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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