School Board of Palm Beach County

NOTICE OF PROPOSED RULE ADOPTION & PUBLIC HEARING

RULE TITLE: Leave of Absence.

RULE NUMBER: Policy 3.80.

PURPOSE AND EFFECT: To codify a sick-leave donation program for family members under Fla. Stat. § 1012.61(2)(e), and to allow non-bargaining-unit District employees to donate leave time to other non-bargaining-unit employees.

SUMMARY: 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 (for non-bargaining unit employees) which is not specifically provided for in a statute, but is within the powers of the School Board under Fla. Stat. § 1012.22(2) and Fla. Stat. § 1001.32(2). New Section 6 would authorize the Superintendent to establish a sick-leave pool, allowed by Fla. Stat. § 1012.61(3)(a)-(i), for non-bargaining-unit employees. 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."

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.32(2); 1001.41(1) & (2); 1001.43(11); 1012.22(2); 1012.23; 1012.61(2)(e); 1012.61(3); 1012.66, Fla. Stat.

LAWS IMPLEMENTED: §§ 115.07; 1001.32(2); 1012.61; 1012.62; 1012.63; 1012.64; 1012.65; 1012.66; 1002.33(12)(e), Fla. Stat.; Family and Medical Leave Act of 1993, 29 U.S.C. § 2602 et seq., 29 C.F.R. Part 825; Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq., Fla. Stat.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST (optional, if one has been prepared): None prepared. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of the publication of this Notice.

CONTACT PERSON: Ernie Camerino, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSON ORIGINATING THE PROPOSED REVISION: Joseph Moore.

TEXT OF PROPOSED RULE: Is available from the District's web site at www.SchoolBoardPolicies.com/revisions.htm .

SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Art Johnson.

DATE PROPOSED REVISION WAS APPROVED BY THE SCHOOL BOARD: February 22, 2006.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: February 8, 2006, in The Palm Beach Post.

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on April 5, 2006, anticipated to begin at 3:15 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 March 29 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 hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. This hearing is open to the public.

Publish: March 8, 2006