Policy 5.725-ER is anticipated to be adopted immediately through emergency rulemaking on June 3 (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: Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students.

RULE NUMBERS: Policy 5.725-ER (emergency rule adoption) and 5.725 (regular rule development).

SUBJECT AREA TO BE ADDRESSED: The provision of special instruction and services for exceptional students.

PURPOSE AND EFFECT & SUMMARY: Section 1003.57(1)(d), Florida Statutes, requires that district school boards submit to the Department of Education proposed procedures for the provision of special instruction and services for exceptional students (SPP document) once every three years. This document serves as the basis for the identification, evaluation, eligibility determination and placement of students in special programs for exceptional students. The Florida Department of Education (DOE) requires the approval of this document as a prerequisite for district's use of weighted cost factors (funding) under the Florida Education Finance Program (FEEP). The May 5, 2009 DOE Memorandum that requires the District’s approval and submission of this document is attached to this Board report, and the Memorandum states that the document is a component of the District’s application for supplemental student funds available under the IDEA. This rule had been advertised for development on May 20, 2009 and has been advertised for emergency adoption prior to the June 3, 2009 special meeting. Further, the May 5, 2009 Memorandum from DOE that required prompt approval of the SP & P provided a short time frame for the Board to take action and no Board meetings are scheduled beyond June 3 for the month of June 2009. In view of these circumstances, the procedures for adopting this rule as an emergency are fair.

SPECIFIC AUTHORITY: Fla. Stat. §§ 1001.41(2); 1001.42(23)(25).

LAWS IMPLEMENTED: Fla. Stat. §§ 1001.42(4)(l); 1003.57(1)(d); 1003.438; 1008.25.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, NEEDING EMERGENCY RULE ADOPTION: o The District is required to submit its completed SP&P to the Florida Department of Education (DOE) no later than June 15, 2009.

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 JUNE 3, 2009 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 June 3, 2009, anticipated to begin at 3:00 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 May 29, 2009 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 December 31, 1969, anticipated to begin at 3:00 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 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: May 31, 2009