Commissioner's Newsletter
DATE: August 21, 2003
TO: School Administrators
FROM: D. Kent King
Re: Two Important Issues
New Law Regarding the Title "Social Worker"
On July 11, 2003, Governor Bob Holden signed a new law that regulates the use of the title "social worker." House Bill 332 requires that all individuals who hold the title "social worker" must have a baccalaureate or master’s degree in social work from an accredited social work program; have a doctorate or Ph.D. in social work; or hold a current baccalaureate or clinical social worker license.
If your school district employs anyone whose job title includes the term "social worker," you need to verify that those individuals meet the qualifications outlined here. The requirements of this new section go into effect January 1, 2004. Any violation of this provision and provisions in sections 337.600 to 337.689 shall be a class B misdemeanor.
Delay in FCC Regulations on Fax Communication
Many school districts have had concerns over complying with new regulations issued by the Federal Communications Commission (FCC) related to telemarketing. These new telemarketing rules would have prohibited the sending of any unsolicited fax advertisement without written consent from the recipient. This prohibition potentially applied to any fax that advertised school activities, fundraisers, or workshops for which of a fee is charged.
The FCC has now left in place, until January 1, 2005, an exemption that allows entities to send unsolicited fax advertisements to individuals and businesses with which they have established business relationships. The purpose of this delay is to allow entities sending fax advertisements more time to comply with the new rules and obtain written consent from parties to whom they wish to fax. This means that those transmitting faxes do not have to obtain prior written consent, including signatures, from recipients with whom they have established business relationships. An established business relationship can be any relationship formed by a voluntary two-way communication and can be based upon an informational inquiry, application, purchase or transaction. Regardless of the extension, however, fax transmitters still must obtain prior express permission from fax recipients with whom they do not have established business relationships. More information on this requirement may be found at the FCC website at: http://www.fcc.gov.