Policy 5.181-ER is anticipated to be adopted immediately through emergency rulemaking on March 30 (to be in effect for up to 90 days), and also through regular rule development (which may take several weeks to complete). This Notice applies to both rulemaking actions.

RULE TITLE: Policy for the Use of Physical Restraint With Students With Disabilities.

RULE NUMBERS: Policy 5.181-ER (emergency rule adoption) and 5.181 (regular rule development).

SUBJECT AREA TO BE ADDRESSED: This Policy defines the limited, emergency circumstances in which staff and school personnel of the District may use physical restraint on students with disabilities, who are eligible under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA), and State law.

PURPOSE AND EFFECT & SUMMARY: This revision will bring School Board Policy 5.181 into compliance with current State law and guidance governing the use of physical restraint with students with disabilities, in particular Section 1003.573, Florida Statutes, which, effective 2010, established specific documentation, reporting, and monitoring requirements regarding the use of physical restraint on students with disabilities.

SPECIFIC AUTHORITY: Fla. Stat. §§ 394; 1001.41(2); 1001.42(22); 1001.43(1); 1003.573; 1006.07; 1006.11; 1003.32; 34 CFR 300.504; State Board Rule 6A-6.0311.

LAWS IMPLEMENTED: Fla. Stat. §§ 1001.43(1); 1003.31(1), (3); 1003.32; 1003.573; 1006.07; 1006.09; 1006.11; 1006.13(4).

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, NEEDING EMERGENCY RULE ADOPTION: The Policy needs to be adopted immediately as an emergency rule due to statutory requirements.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: A notice is being published promptly 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 public notice.

CONTACT PERSON: Laura Pincus, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

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 .

UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE WILL TAKE EFFECT MARCH 30, 2011 and will remain in effect up to 90 days, or until superseded by adoption of the regular rule before that date (substantially the same content will be developed through the regular rulemaking process, which should be completed within the 90 days).

PUBLIC HEARING NOTICE: Emergency adoption is anticipated to be considered at the School Board's Special Meeting on Policies on March 30, 2011, anticipated to begin at 7:30 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 March 25, 2011 on the District's Web site.
  Regular development of the proposed rule is also anticipated to be considered at the School Board's Special Meeting on Policies on April 13, 2011, 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 April 8, 2011 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. These hearings are open to the public.

Publish: March 25, 2011