School Board of Palm Beach County

RULE TITLE: Discipline of Students Eligible for Services under Section 504 of the Rehabilitation Act of 1973 ("Section 504") and Americans with Disabilities Act ("ADA").

RULE NUMBER: Policy 5.1891.

PURPOSE AND EFFECT: To update the Policy and clarify the procedures for discipline of students, who are eligible for services under Section 504, for use or possession of illegal drugs or alcohol.

SUMMARY: Clarifies that if a student with a 504 plan is currently a user of illegal drugs or alcohol, the District is not obligated to hold a manifestation determination hearing for an offense of possession or use of illegal drugs or alcohol; such student may be disciplined in the same manner as other students for use or possession of illegal drugs or alcohol under applicable Policies and will receive the same due process and substance-abuse assistance as other students under those Policies.

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.41(2); 1001.42(22); 1001.43(1), (6), Fla. Stat.

LAWS IMPLEMENTED: §§ 1001.43(1), (6); 1003.01(5), (6); 1003.53; Fla. Stat.; State Board of Education Rule 6A-6.0331(6).

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 site at www.SchoolBoardPolicies.com/revisions.htm.

CONTACT PERSON: Debra Neeson, 3318 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: Debra Neeson.

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

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: September 13, 2004.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: August 30, 2004, in The Palm Beach Post. [And a Notice of Change, postponing the hearing from Oct. 25 to Nov. 1, was published on Oct. 21.]

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on November 1, 2004, anticipated to begin at 3:00 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: A copy of the agenda will be available by October 25 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. This hearing is open to the public.