SCHOOL BOARD OF PALM BEACH COUNTY

NOTICE OF PROPOSED EMERGENCY RULE

RULE NUMBER: 3.80-ER, "LEAVE OF ABSENCE" (SECTIONS 4, 5, AND 6).

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE: The health or welfare of employee(s) with chronic or terminal illness is endangered by lack of a rule allowing other employees to donate sick leave or annual for use as sick leave, or by lack of a rule establishing a sick-leave pool.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: This notice is being published, as soon as possible, in the newspaper and on the District’s Web site and by distribution to representatives of employee organizations, and to the schools, to inform the affected persons and the public; and action will be taken at a public meeting with due public notice.

SUMMARY OF THE PROPOSED RULE: This amendment would add three new sections (sections 4, 5, and 6) to the existing leave Policy. The other sections would remain unchanged. New section 4 would codify the sick-leave donation program for family members that is required by Fla. Stat. § 1012.61(2)(e). New section 5 would establish a general sick-leave and annual-leave donation program which is not specifically provided for in a statute, but is similar to a program of another local government entity and is within the powers of the School Board under Fla. Stat. § 1012.22(2) (authority to adopt rules concerning annual and sick leave) and Fla. Stat. § 1001.32(2) (home rule authority to “exercise any power except as expressly prohibited by the State Constitution or general law”). New Section 6 would authorize the Superintendent to establish the sick-leave pool allowed by Fla. Stat. § 1012.61(3)(a)-(i). (The full text of the proposed emergency amendment is available on the District’s Web site at: www.SchoolBoardPolicies.com/revisions.htm. Section 1 of the Policy, which remains unchanged, provides: “If the terms of a collective-bargaining agreement differ from this Policy, the language of the employee's agreement will take precedence.”)

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: James Hayes, Chief Officer of Human Resources; or Joseph Moore, Chief Operating Officer, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

PUBLIC MEETING: Rule adoption will be considered at the School Board's regular meeting on January 18, 2006, anticipated to begin at 5:00 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla.

AGENDA: A copy of the agenda will be available by January 11 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. This meeting is open to the public.

UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE (NEW SECTIONS 4, 5, AND 6 OF POLICY 3.80) WILL TAKE EFFECT ON JANUARY 19, 2006 and will remain in effect up to 90 days through April 19, 2006. Substantially the same amendments will simultaneously be developed and recommended for adoption through the regular rulemaking process, beginning with a first reading anticipated to occur on February 22, 2006.