RULE TITLE: Research in Palm Beach County Schools.

RULE NUMBER: Policy 2.142.

PURPOSE AND EFFECT: This policy establishes the requirements for requesting authorization to conduct research in the District and/or to receive District data for research purposes and also establishes protocols to comply with federal and state laws regarding privacy of student records and the protection of students.

SUMMARY: The proposed revised policy: applies to individuals and entities who would like to conduct research activities in the District, or who would like to receive and use District student or staff data for research or evaluation purposes; authorizes the Director of the Department of Research, Evaluation, and Assessment to approve or deny requests to conduct research in the District. No research can commence without such approval; provides for a one time application fee for the review, processing, and monitoring of research proposals from external researchers; provides that one has no right to access District students, staff or data and prohibits researchers from requesting data directly from District schools or departments; requires District employees conducting research as part of their work assignment or general job duties to obtain permission from their supervisors; establishes procedures for research proposals for District contracted researchers and proposals and for external research proposals and researchers; provides that a school principal and research subject approval is required also; establishes priorities for research proposal selections; and Prohibits the use of any survey/assessment instrument that is contrary to federal law; requires the consent of student parents or of the student of legal age.

SPECIFIC AUTHORITY: Fla. Stat. §§ 1001.32; 1001.41; 1001.42; 20 U.S.C. §1232g (Family Educational Rights and Privacy Act of 1974); 20 U.S.C. §1232h (Protection of Pupil Rights Act); 45 CFR 46 Subpart D (Additional Protections for Children Involved as Subjects in Research); Public Law 104-191; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act of 1996.

LAWS IMPLEMENTED: Fla. Stat. §§ 119.071(5)(a) 2, 3 & 6; 1002.22; 1002.221; 1008.345; 20 U.S.C. §1232g (Family Educational Rights and Privacy Act of 1974); 20 U.S.C. §1232h (Protection of Pupil Rights Act); 45 CFR 46 Subpart D (Additional Protections for Children Involved as Subjects in Research); Public Law 104-191; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act of 1996.

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: Mark Howard/Marc Baron, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: Mark Howard/Marc Baron.

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

SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: E. Wayne Gent.

RULE DEVELOPMENT NOTICE WAS PUBLISHED: May 2, 2012, in The Palm Beach Post.

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: May 16, 2012.

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on June 20, 2012, anticipated to begin at 5:00 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 June 13, 2012 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 23, 2012