6749859, 6A-6.05271 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6749859

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.05271

Standards for the Use of Reasonable Force.

PURPOSE:

The purpose of this proposed rule is to provide standards for the use of reasonable force by district school personnel. Section 1003.32, Florida Statutes, establishes that a teacher has the responsibility and authority for control of students and includes the use of reasonable force, according to the standards, to protect himself, herself or others from injury. The effect of the rule is to define to what extent force is considered reasonable and in what situations school personnel may use reasonable force, when necessary, to maintain a safe and orderly learning environment. The use of reasonable force is a generally applicable rule, and is not limited or directed to any specific student population.

SUMMARY:

Standards for the use of reasonable force were developed and adopted by the State Board of Education in 1997. These standards were distributed to all public school district superintendents. These 1997 standards have stood as the generally applicable guidelines for school personnel to use in situations where reasonable force may be used to maintain a safe and orderly learning environment. Although the State Board adopted standards, these were never formally adopted as rule. Evaluation of the standards resulted in the determination the standards for the use of reasonable force should be updated and formally adopted as rule. Six rule development workshops were conducted throughout the state and included:
March 17, 2008 – St. Petersburg College, Clearwater Campus, Teaching Auditorium;
March 18, 2008 – Broward County Schools, Piper High School, Media Center, Sunrise, Florida;
March 19, 2008 – Seminole County Schools, Educational Support Center, Sanford, Florida;
March 20, 2008 – St. Johns County Schools, Fullerwood Learning Center, St. Augustine, Florida;
March 21, 2008 – Jackson County Schools, Cottondale High School, Cottondale, Florida;
August 26, 2008 – Conference Call, Tallahassee, Florida

RULEMAKING AUTHORITY:

1006.11(1), 1012.75(2) FS.

LAW:

1003.32(1)(j), 1006.11(1), 1012.75(2) FS.

PRINT PUBLISH DATE:

2/6/2009 Vol. 35/05

COMMENTS:

From 2/6/2009 To 2/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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