Introduction
As an alternative to filing a declaratory judgment action in court, parents may request the appointment of a Special Magistrate to address certain parental disputes with school districts and charter schools, as outlined in section 1001.42, Florida Statutes, and in Rules 6A-1.094125 and 6A-6.0791, Florida Administrative Code (F.A.C.). Special Magistrates are available for some, but not all, types of disputes. A Special Magistrate is either an administrative law judge provided by the Division of Administrative Hearings or a person appointed by the Commissioner of Education who is a member of The Florida Bar in good standing with a minimum of five years of administrative law experience. These procedures apply to situations where a parent has requested the appointment of a Special Magistrate.
School District Obligations
Request for Appointment of Special Magistrate
Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate for school districts and charter school student complaints and notify the Department of the names and email address(es) of the individual(s).
Within five (5) days of receipt of notice from the Department that a parent has requested the appointment of a special magistrate, provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraphs 6A-1.094125(5)(b) and 6A-1.094125 and 6A-6.0791(7)(b), F.A.C., apply to the parental request for appointment of a special magistrate.
The grounds for dismissal are as follows:
The parent notifies the Department that the dispute has been resolved or withdrawn;
The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;
The parent has not demonstrated full and complete use of any school/charter school and school district procedures adopted by the district under Section 1001.42(8)(c)7., F.S., for resolving the dispute;
The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations, or under Section 1003.56, F.S., and rules adopted by the Department to implement Section 1003.56, F.S., or is otherwise outside of the scope of the student welfare requirements set forth in Sections 1001.42(8)(c)1.-7., F.S. (See Section III below); or
The parent has failed to maintain accurate contact information with the Department or the Special Magistrate.
Matters That Qualify for Special Magistrate Appointment
The type of dispute a Special Magistrate can consider is limited to matters described in the six areas below. That is, the parent concern must be in relation to one or more of the following areas:
1. In accordance with the rights of parents enumerated in ss. 1002.20 and 1014.04, adopt procedures for notifying a student’s parent if there is a change in the student’s services or monitoring related to the student’s mental, emotional, or physical health or well-being and the school’s ability to provide a safe and supportive learning environment for the student. The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent. The procedures may not prohibit parents from accessing any of their student’s education and health records created, maintained, or used by the school district, as required by s. 1002.22(2).
2. A school district may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student’s mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being. This subparagraph does not prohibit a school district from adopting procedures that permit school personnel to withhold such information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect, as those terms are defined in s. 39.01.
3. Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.
4. Student support services training developed or provided by a school district to school district personnel must adhere to student services guidelines, standards, and frameworks established by the Department of Education.
5. At the beginning of the school year, each school district shall notify parents of each health care service offered at their student’s school and the option to withhold consent or decline any specific service. Parental consent to a health care service does not waive the parent’s right to access his or her student’s educational or health records or to be notified about a change in his or her student’s services or monitoring as provided by this paragraph.
6. Before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade 3, the school district must provide the questionnaire or health screening form to the parent and obtain the permission of the parent.
Contract With Special Magistrate
The District should expeditiously contract for payment of a special magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed special magistrate.
Financial Costs Related to Disputes Involving Special Magistrate Process for Charter School Students
All costs a district incurs for reviewing and responding to a complaint lodged by a parent of a student enrolled in a charter school under rule 6A-6.0791, is a service provided by the school district to the charter school; contracts for such services are limited to the district’s actual costs unless mutually agreed to by the school district and charter school, based upon the provisions of s. 1002.33(20)(b), F.S.
Upon receipt of notice of the appointment of a Special Magistrate from the Department, the Office of Policy & Compliance and the Chief of Staff should be provided with a copy of the notice. The Office of Policy & Compliance will generate a Request for Legal Services to the Office of General Counsel.
Special Magistrate Procedures
(a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings, except where inconsistent with this rule or Section 1001.42(8)(c), F.S.
(b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:
1. The special magistrate shall set and notify all parties of the time and place of the hearings.
2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.
3. The parties or the magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the special magistrate shall be governed by the Administrative Procedure Act.
4. The magistrate may permit the submission of written memorandum by the parties.
(c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of Section 1001.42(8)(c), F.S., by the school district or charter school. The Special Magistrate’s recommended decision shall be based upon the evidence presented and argument made before the special magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties.
(d) The Special Magistrate’s recommended decision is due within thirty (30) days of the date a parent request is received by the special magistrate from the Department. The 30-day time frame can be extended upon agreement by the parties. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the magistrate.
(e) The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than 7 calendar days and no more than 30 days after the date the recommended decision is transmitted.