The School Board of Palm Beach County, Florida

NOTICE OF PROPOSED RULE ADOPTION
AND PUBLIC HEARING

RULE TITLE: Use of School Buses for Field Trips and Other Purposes.

RULE NUMBER: Policy 2.404.

PURPOSE AND EFFECT: This policy is to prescribe the conditions for the use of school buses for school; school related and for use by non-school related activities.

SUMMARY: The policy is revised to incorporate statutory provisions which provide for the use of school buses for certain non-district reasons and by certain non-district organizations. School buses may be used for transportation and other public purposes by: Departments, boards, commissions, or officers of such county or municipality or of the state for county, municipal, or state purposes, including, but not limited to, transportation of the elderly, transportation of the disadvantaged, transportation for welfare transition program participants or other public purposes; AND nonprofit corporations and nonprofit civic associations and groups to allow the use of school buses to transport school-age children for activities sponsored by such associations and groups. The revised policy further requires: a non-district organization to enter a lease or a joint use agreement, if the organization is a public entity; each lease or joint use agreement is required to provide for reimbursement to the District of all costs and expenses incidental to school buses leased to such outside entities or organizations, including compensation for bus drivers, consideration for insurance coverage and the cost of service and repairs; governmental agencies, nonprofit corporations or civic groups must indemnify and hold harmless the School Board from any and all liability; governmental entities are required to provide coverage and list the School Board as an additional insured or its equivalent; and Non-governmental agencies must provide liability insurance coverage in the minimum amounts of $100,000 on any claim or judgment and $200,000 on all claims and judgments arising from the same incident, or occurrence.

SPECIFIC AUTHORITY: Fla. Stat. §§ 1001.41(2); 1001.42(23).

LAWS IMPLEMENTED: Fla. Stat. §§ 1001.32(2); 1001.41; 1006.21; 1006.22; 1006.24.

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: Dale Fambrough, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: Dale Fambrough.

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