The School Board of Palm Beach County, Florida

NOTICE OF PROPOSED EMERGENCY RULE ADOPTION
AND REGULAR RULE DEVELOPMENT AND PUBLIC HEARING

New Policy 5.016 is anticipated to be adopted immediately through emergency rulemaking on September 13 (to be in effect for up to 90 days), and also through regular rule development (which will begin simultaneously and may take several weeks to complete). This Notice applies to both rulemaking actions.

RULE NUMBERS: 5.016-ER (emergency rule adoption) and 5.016 (regular development), "Procedures for Choice Schools and Programs."

SUBJECT AREA TO BE ADDRESSED: Incorporating by reference the District’s procedures manual for choice schools and programs.

PURPOSE AND EFFECT & SUMMARY OF THE PROPOSED RULE: This Policy will incorporate the procedures manual that provides guidelines on matters such as the kinds of choice programs available in this District, attendance boundary options, academic or related eligibility criteria, recruitment, application process, selection process, appeals process, transportation, student continuation and exit procedures, creating, replicating, or moving a choice school or program, determining continuation of existing choice schools or programs, and diversity and District-wide maintenance of school populations.

SPECIFIC RULEMAKING AUTHORITY: Fla. Stat. §§ 1001.41(1), (2); 1001.42(22).

LAWS IMPLEMENTED: Fla. Stat. §§ 1001.41(1); 1001.42(4); 1002.20(6)(a).

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, NEEDING EMERGENCY RULE ADOPTION: The Policy should be adopted as close as possible to the beginning of the school year, and it may be needed for an application for a major grant before the regular adoption, which could take at least several weeks.

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 the emergency adoption will occur at a public hearing with due public notice.

CONTACT PERSON: Mary Vreeland, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

THE PRELIMINARY TEXT of the proposed rule development may promptly be obtained without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm . The manual to be incorporated by reference is available through the District’s Office of Public Affairs.

UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE WILL TAKE EFFECT ON SEPTEMBER 13, 2006 and will remain in effect up to 90 days (up to December 12, 2006), or until superseded by adoption of the regular rule before that date (substantially the same content will simultaneously be developed through the regular rulemaking process, which may be completed in October or November).

PUBLIC HEARING NOTICE: Emergency adoption and regular development of the proposed rule are both anticipated to be considered at the School Board's Special Meeting on Policies on September 13, 2006, anticipated to begin at 2:15 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. A copy of the agenda is anticipated to be available by September 6 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: August 30, 2006