RULE NUMBER: Policy 3.80.

PURPOSE AND EFFECT: To provide for partial pay after the first 30 days, for employees who receive orders to report to active duty, by providing an amount equal to the difference between the military pay and District pay, minus supplements, when needed to bring the employee's military pay up to the level of the civilian pay at the time the military leave began. Also includes the statutory provision for charter school leave as stated in Fla. Stat. § 1002.33(12)(e).

SUMMARY: Implements the resolution of the Florida Governor and Cabinet on Sept. 25, 2001, encouraging local government entities to provide partial pay after the first 30 days, for employees who receive orders to report to active duty, by providing an amount equal to the difference between the military pay and District pay, minus supplements, when needed to bring the employee's military pay up to the level of the civilian pay at the time the military leave began. This period of full pay and partial pay, collectively, can continue for one calendar year; but beyond that calendar year, it would continue only at the discretion of the Superintendent and upon the approval of the School Board. The revision also incorporates the statutory provision for charter school leave as stated in Fla. Stat. § 1002.33(12)(e): "Employees of a school district may take leave to accept employment in a charter school upon the approval of the district school board. While employed by the charter school and on leave that is approved by the district school board, the employee may retain seniority accrued in that school district and may continue to be covered by the benefit programs of that school district, if the charter school and the district school board agree to this arrangement and its financing. School districts shall not require resignations of teachers desiring to teach in a charter school. This paragraph shall not prohibit a district school board from approving alternative leave arrangements consistent with chapter 1012."

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.41(2); 1001.43(11); 1012.23; 1012.66, Fla. Stat.

LAWS IMPLEMENTED: §§ 115.07; 1012.61; 1012.62; 1012.63; 1012.64; 1012.65; 1012.66; 1002.33(12)(e), Fla. Stat.; 29 U.S.C. § 2602 et seq., 29 C.F.R. Part 825, 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 at www.SchoolBoardPolicies.com/revisions.htm.

CONTACT PERSON: Joseph Moore or Ernie Camerino, 3300 Forest Hill Blvd., West Palm Beach, FL 33406..

PERSON ORIGINATING THE PROPOSED RULE REVISION: Joe Moore.

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

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: March 24, 2003.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: March 17, 2003, in The Palm Beach Post.

PUBLIC HEARING NOTICE: Adoption of the proposed Policy is anticipated to be considered at the Board's Special Meeting on Policies on April 28, 2003, anticipated to begin at 2:00 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. The meeting is open to the public.