Fla. Admin. Code Ann. R. 6E-6.001 - Failure of Nonpublic College, University, or School Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect

(1) Definitions. For purposes of this rule, the following definitions apply:

(a) The term "administrator" means the personnel who have been assigned the responsibilities of institution-wide or campus-wide academic or administrative functions.

(b) The term "Commission" means the Commission for Independent Education.

(c) The term "law enforcement agency" means any unit of the nonpublic college, university, or school, as defined in Section 1000.21 or 1005.02, F.S., which is vested with the authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

(2) Failure to Report.

(a) Any person who has knowledge that a nonpublic college, university or school administrator knowingly and willfully failed to report information of known or suspected child abuse, abandonment or neglect, or knowingly and willfully prevented another person from doing so, as required by Section 39.205, F.S., may file a complaint with the Commission at www.fldoe.org/cie, by fax at (850)245-3238, or by writing to the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399-0400.

(b) Any person who has knowledge that a law enforcement agency failed to report information of known or suspected child abuse, abandonment or neglect, as required by Section 39.205, F.S., may file a complaint with the Commission at www.fldoe.org/cie, by fax at (850)245-3238, or by writing to the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(c) Upon receipt of a complaint, the Commission shall investigate it within thirty (30) days.

(d) The institution shall be provided with the complaint, the Commission's investigation, and a copy of Section 39.205, F.S., and shall have twenty (20) working days after receipt to submit a written response to the Commission.

(3) Action by the Commission. Prior to imposing a fine, the Commission shall consider the complaint, the investigation, and the institution's response at a publically noticed meeting. Any order imposing a fine shall be reduced to writing and a copy provided to the institution or agency.

(4) Fines. Fines assessed under this section shall be paid to the Chief Financial Officer of the Department of Education for deposit into the Institutional Assessment Trust Fund in accordance with subsection 6E-4.001(9), F.A.C.

Notes

Fla. Admin. Code Ann. R. 6E-6.001

Rulemaking Authority 39.205(10) FS. Law Implemented 39.205 FS.

New 3-5-14.

New 3-5-14.