School Board of Palm Beach County

NOTICE OF PROPOSED RULE ADOPTION

RULE TITLE: Program Capacity.

RULE NUMBER: Policy 7.135.

PURPOSE AND EFFECT: To implement a waiver approved by the State Board of Education on January 21, 2003, for Charter District status, granting an exemption from certain limitations in state law and Department of Education policy regarding use of school space for essential special programs.

SUMMARY: This Policy will implement a statutory exemption allowing the Board to determine space needs at the local level, based on local projections and program needs, while continuing to use Florida Inventory of School Houses (FISH) as the baseline reporting measure, and allowing the Board to approve deviations from the baseline for special programs in a school. The District will follow the requirements of the Interlocal Agreement for School Concurrency. The primary funding source for deviations from use of the FISH baseline will be locally supported alternative funding, currently Certificates of Participation.

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.41(2); 1001.42(22); 1001.43(4); 1003.62(2), Fla. Stat.

LAWS IMPLEMENTED: §§ 1001.41(1), (3); 1001.42(4), (9); 1003.62(2); exemption from aspects of 1013.03(10)(a) and 1013.72, 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.palmbeach.k12.fl.us/policies/revisions.htm or www.SchoolBoardPolicies.com/revisions.htm.

CONTACT PERSON: Kris Garrison, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: Kris Garrison et al.

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

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: February 17, 2003.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: February 3, 2003, in The Palm Beach Post.

HEARING: As approved by the School Board on February 17, 2003, pursuant to Fla. Stat. § 120.54(3), no further public hearing will be held on this proposed rule unless the Clerk of the School Board receives a written request, with copy to the Office of Chief Counsel, from an affected person within 21 days of the Feb. 24th publication date of this notice. Thus, the proposed Policy should be adopted and effective on March 24, 2003 (28 days after publication of this notice).