The School Board of Palm Beach County, Florida

NOTICE OF PROPOSED RULE ADOPTION
AND PUBLIC HEARING

RULE TITLE: REPEAL 47 POLICIES IN CHAPTER FOUR (titles listed below).

RULE NUMBER: Policies listed below.

PURPOSE AND EFFECT: To repeal rules of procedure that have been superseded by more recent State rules.

SUMMARY: The 47 Policies specified here have been made obsolete by the State’s adoption of the Uniform Rules of Procedure under Fla. Stat. § 120.54(5). To the extent applicable to school districts, the Uniform Rules will apply to proceedings under the Administrative Procedure Act (Chapter 120) in this District. The Uniform Rules are available on DOAH’s web site at http://www.doah.state.fl.us/.

RULEMAKING AUTHORITY AND LAWS IMPLEMENTED IN THE RULES TO REPEALED: 4.102 PRESIDING OFFICER - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: 8/4/82; To Be Repealed 5/30/2007; 4.103 CLERK OF THE SCHOOL BOARD - Authority: 120.53(1), 230.22, FS; Implemented: 120.52(9), 120.53(1), FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.105 COMPUTATION OF TIME - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.106 PARTIES - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.107 APPEARANCES - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.62(2), FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.108 CONSOLIDATION - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: 8/4/82; To Be Repealed 5/30/2007; 4.109 JOINDER OF PARTIES - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: 8/4/82; To Be Repealed 5/30/2007; 4.110 DISQUALIFICATION - Authority: 120.53(1), 230.22, FS; Implemented: 120.53(1), 120.71, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.111 FILING AND SERVICE OF PAPERS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: 8/4/82; To Be Repealed 5/30/2007; 4.113 POINT OF ENTRY INTO PROCEEDINGS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.120 INITIATION OF FORMAL PROCEEDINGS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.121 AMENDMENT OF PETITIONS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.122 ANSWER - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.123 MOTIONS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.124 PRE-HEARING CONFERENCES - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.125 INTERVENTION Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.126 DISCOVERY Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.127 NOTICE OF HEARING - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.128 CONTINUANCES - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.129 DISMISSAL AND DEFAULT - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.130 SUBPOENAS Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.58, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.132 WITNESSES; Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.58, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.133 EVIDENCE - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.58, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.134 RECORDATION - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: 8/4/82; To Be Repealed 5/30/2007; 4.135 VENUE - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: 8/4/82; To Be Repealed 5/30/2007; 4.140 POST-HEARING MEMORANDA - Authority: 120.53(1), 230.22, FS; Implemented: 120.57; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.141 FINAL ORDERS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.59, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.150 INFORMAL PROCEEDINGS - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.151 SUBMISSION OF EVIDENCE - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.152 FINAL ORDER - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.201 COMMENCEMENT OF PROCEEDINGS - Authority: 120.53(1), 230.22, FS; Implemented: 120.53(1), 120.54, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.202 NOTICE OF PROCEEDINGS AND THE PROPOSED RULES - Authority: 120.53(1), 230.22, FS; Implemented: 120.53(1), 120.54, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.203 CONTENT OF NOTICE - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.204 PETITIONS TO INITIATE RULE-MAKING PROCEEDINGS - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.205 SCHOOL BOARD ACTION ON PETITIONS TO INITIATE RULE-MAKING PROCEEDINGS - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.206 RULE-MAKING MATERIALS - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.207 RULE-MAKING PROCEEDING-HEARING - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.208 INCORPORATION BY REFERENCE - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.209 EMERGENCY RULE ADOPTION - Authority: 120.53(1), 230.22, FS; Implemented: 120.54, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.301 DECLARATORY STATEMENTS, GENERAL; Authority: 120.53(1), 230.22, FS; Implemented: 120.565, FS; History: New: 8/4/82; To Be Repealed 5/30/2007; 4.302 PURPOSE AND USE OF DECLARATORY STATEMENT - Authority: 120.53(1), 230.22, FS; Implemented: 120.565, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.303 SCHOOL BOARD DISPOSITION - Authority: 120.53(1), 230.22, FS; Implemented: 120.565, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.401 GENERAL - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.50, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.402 APPLICATION FOR LICENSE - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.60, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.403 DENIAL OF LICENSE - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.60, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.404 SUSPENSION, REVOCATION, ANNULMENT OR WITHDRAWAL - Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.60, FS; History: 8/4/82; To Be Repealed 5/30/2007; 4.405 - EMERGENCY ACTION Authority: 120.53(1), 230.22, FS; Implemented: 120.57, 120.60, FS; History: 8/4/82; To Be Repealed 5/30/2007.

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: Gerald A. Williams, Esq., 3318 Forest Hill Blvd. Ste. C-302, West Palm Beach FL 33406.

PERSONS ORIGINATING THE PROPOSED REPEAL: Bruce Harris and Randall Burks.

TEXT OF REPEAL: Will be available from the District's web site at www.SchoolBoardPolicies.com/revisions.htm .

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

DATE PROPOSED REPEAL WAS PRELIMINARILY APPROVED BY THE SCHOOL BOARD: March 28, 2007.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: March 14, 2007, in The Palm Beach Post.

THE TEXT of the proposed rule adoption may be obtained without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm .

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on May 30, 2007, anticipated to begin at 4:00 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: An agenda will be available by May 23 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. A person may submit written comments (12 copies) about the proposed action to the clerk no later than the time of the public hearing. This hearing is open to the public.

Publish: May 2, 2007