26107858, 6A-1.094125 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26107858

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

FINANCE AND ADMINISTRATION

Overview

RULE:

6A-1.094125

Special Magistrate for Unresolved Student Welfare Complaints

PURPOSE:

The purpose of this proposed rule is to describe the process for a parent to request the appointment of a special magistrate when a parent’s concern for his child’s welfare under the provisions of s. 1001.42(8)(c), F.S., have not been resolved to the parent’s satisfaction at the local level by the school principal or the school district. The effect will be a new rule to implement the provisions of Chapter 2022-22, Laws of Florida, revolving around a special magistrate.

SUMMARY:

The proposed rule sets forth the requirements a parent must meet to request referral of a dispute to a special magistrate and incorporates a form a parent must utilize for this purpose. The proposed rule describes the duties of the department, including review of the request, the grounds for dismissal of the request and the factors the Commissioner of Education will use to decide whether to appoint a special magistrate, as well as duties of the school district. The proposed rule also includes hearing procedures before a special magistrate.

RULEMAKING AUTHORITY:

1000.05(5)(a), 1001.02(1), (2)(n), 1001.43, 1003.23, 1006.22(2)(b), F.S.

LAW:

1000.05(2), 1001.43, 1003.23 and 1006.22(2)(b), F.S.

PRINT PUBLISH DATE:

7/25/2022 Vol. 48/143

COMMENTS:

From 7/25/2022 To 8/15/2022 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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