SCHOOL BOARD OF PALM BEACH COUNTY
NOTICE OF PROPOSED RULE ADOPTION
RULE TITLE: Protecting Students from Sexual Harassment and Discrimination. RULE NUMBER: Policy 5.81. PURPOSE AND EFFECT: To update the procedures for investigation and resolution of allegations of sexual harassment of, or discrimination against, students. SUMMARY: This revision clarifies the grievance and investigation procedures to be used by the District when a student alleges that either a student or a District employee has subjected him/her to sexual harassment or gender-based discrimination; updates the various levels of appeal available to the aggrieved student or accused person; requires formal complaints to be in writing; clarifies that the principal or other school official receiving a verbal informal complaint must memorialize the allegations in a written summary and request the student (or minor student’s parent/guardian) to sign the written summary; various technical changes. SPECIFIC RULEMAKING AUTHORITY: §§ 230.22(2); 230.23(22); 230.23005(6), Fla. Stat. LAWS IMPLEMENTED: §§ 20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments of 1972); 20 U.S.C. § 1232g et seq. ("FERPA"); and §§ 119.07(3)(p); 228.2001(2)(a), (b); 228.093(3)(d); 230.22(1), (2); 230.23(6)(d)8; 231.001; 231.291(3)(a); 231.262(1), Fla. Stat. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST (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: JulieAnn Allison, 3318 Forest Hill Blvd., West Palm Beach, FL 33406. PERSONS ORIGINATING THE PROPOSED RULE REVISION: Various persons, including Randall Burks. SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Art Johnson. DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: October 14, 2002. PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: October 7, 2002, in The Palm Beach Post. RULE HEARING INFORMATION: Adoption of the proposed Policy is anticipated to be considered at the Board's Special Meeting on Policies on December 2, 2002 in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. The meeting is open to the public.