RULE NUMBER: Policy 6.143.

PURPOSE AND EFFECT: To establish standards and procedures for encouraging increased utilization of small and minority/women business enterprises in the District's procurement programs to remedy disparities, identified among certain minority and industry groups, in the use of such enterprises which are ready, willing, and able to provide goods and services to the District.

SUMMARY: A combined small business enterprise program and minority/women enterprise program will contribute to the socioeconomic development of Palm Beach County through encouraging equitable utilization of ready, willing, and able enterprises in procurement programs to aid in remedying disparities in the utilization of such enterprises as identified in the 2004 disparity causation analysis. The program will use narrowly-tailored goals intended to meet constitutional requirements. The Policy will authorize the Superintendent to issue Bulletins detailing goals for utilization of certified small firms and/or minority/women firms, adjusted as needed by the District's goal-setting committee, consistent with the recommendations from the disparity causation analysis. Various ethnic and gender-based combinations would be eligible for subcontracting goals or evaluation preferences by industry, consistent with current legal guidelines; but the District will resort to the use of race- and gender-conscious means for addressing disparities only when it is apparent that the use of neutral means alone will likely be insufficient to remedy the effects of identified discrimination.

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.41(2); 1001.42(22); 1001.43(2)(a), (6), Fla. Stat.

LAWS IMPLEMENTED: §§ 1001.41(1), (3); 1001.42(10)(i); 1001.43(2)(a); 1013.45(4); 1013.46(1)(c), Fla. Stat.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST (optional, if one has been prepared): None. 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.

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

CONTACT PERSON: Dr. Otelia DuBose, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: Dr. Otelia DuBose.

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

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: February 23, 2005.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: February 9, 2005, 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 May 11, 2005, anticipated to begin at 2:15 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 May 4 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: April 13, 2005