NOTICE OF PROPOSED RULE ADOPTION & PUBLIC HEARING: March 10, 2:00 p.m.

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 sexual discrimination against, students.

SUMMARY: This revision clarifies the grievance and investigation procedures to be used by the District if a student alleges discrimination on the basis of sex, including sexual harassment; 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: §§ 1001.41(2); 1001.43(1), (6); 1006.07, 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); 1000.05(2)(a), (b); 1002.22(3)(a), (d); 1001.41(1), (2); 1006.07(2)(h); 1012.23(1); 1012.31(3)(a); 1012.796(1)(c), Fla. Stat.; State Board of Education Rules 6B-1.006(3)(g) and 6A-1.0404(5), (7).

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.palmbeach.k12.fl.us/policies/revisions.htm .

CONTACT PERSON: Dr. Joseph Orr, 3340 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSONS ORIGINATING THE PROPOSED RULE REVISION: Various persons, including JulieAnn Allison, Esq.

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

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: September 9 and October 14, 2002.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: October 7, 2002, in The Palm Beach Post.

PUBLIC HEARING NOTICE: Adoption of the proposed Policy revision is anticipated to be considered at the Board's Special Meeting on Policies on March 24, 2003, anticipated to begin at 4:00 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. The meeting is open to the public.