DOE Rulemaking

You often hear about the Department of Education proposing or developing rules. However, this is a term that is tossed around a lot, and sometimes we don’t have a clear picture of what is going on. Here is a summary of the rulemaking and some rules currently under development.

“Rulemaking” basically means creating, changing, or removing a rule. The process is straightforward: the agency writes the rule text, notifies the public, collects public comments, and then officially adopts the rule.

Under Florida’s Administrative Procedure Act (Chapter 120, Florida Statutes), a “rule” is any agency statement that applies broadly and helps carry out or explain a law, outline agency policy, or describe agency procedures. This includes forms that ask for information or impose requirements not already required by law or an existing rule. Changing or deleting a rule also counts as rulemaking.

Chapter 120 sets the rules for how agencies must create or update regulations. The Department of State has authority from the Legislature to adopt additional procedural rules—found in Chapter 1‑1 of the Florida Administrative Code—to help implement and clarify these requirements.

Agencies can only adopt rules that directly carry out the powers and duties given to them by law. They cannot create rules simply because they seem helpful, relate to the general purpose of the statute, or fit within the agency’s broad mission. Agencies also cannot use rulemaking to expand on general legislative intent or policy beyond what the statute actually authorizes.

Here are some rules currently under development, along with the date and time of their workshops. The public is invited to attend and make comments at all of these rule development workshops.

• 6A-1.0017 School Environmental Safety Incident Reporting (SESIR) - The purpose of this rule is to set forth the requirements school districts and charter schools must use to report disruptive or criminal incidents to the Florida Department of Education so that the data can, in turn, be used in required state and federal reports. This rule will be addressed on April 3, 2026, from 10:00 AM – 11:00 AM, virtually.
• 6A-1.0018 School Safety Requirements and Monitoring – This rule sets forth requirements relating to school safety and defines safety measures schools are expected to meet. Amendments may incorporate legislative changes resulting from the 2026 session. This rule will be addressed on April 3, 2026, from 11:00 AM – 12:00 PM, virtually.
• 6A-1.094120  Youth Mental Health Awareness Training and Reporting - The amendment will enhance reporting by local educational agencies relating to youth mental health awareness and assistance training. This rule will be addressed on April 7, 2026, from 1:30 PM – 2:00 PM, virtually.
• 6A-1.09514     Excused Absences for Religious Instruction or Holiday - The amendment will align with Section 1003.21(2)(b)1., F.S., to require school districts to adopt a policy that authorizes a parent to request and be granted permission for the absence of a student from school for religious instruction or religious holidays. Other changes may be considered for consistency and clarity. This rule will be addressed on April 7, 2026, from 1:00 PM – 1:30 PM, virtually.

Rules get updated frequently. Please continue to follow FASA’s newsletters and the FASA Leadership Lounge Podcast for updates.  If you have any questions about rulemaking, please feel free to reach out to me at gwilloughby@fasa.net.      

All State Board Rules that are currently under review can be found HERE.