CHAPTER 2.00 - SCHOOL BOARD GOVERNANCE AND

ORGANIZATION

2.06 School  Board Rules

These rules may be amended, repealed, or a new rule adopted as hereinafter prescribed. The term “rule” is defined in Chapter 120, Florida Statutes; it does not include “curricula by an educational unit,” thereby, removing the development

or prescription of curriculum by a School Board from the procedural requirements established for rule making.

(1) Unless an emergency exists, any proposal relating to a rule amendment, the repeal of any rule, or the adoption of a new rule shall be presented in writing to the School Board including a written explanation of the proposal.

(a) The Superintendent shall give immediate and proper written notice to the public pursuant to the provisions of Section 120.54, Florida Statutes, when the School Board has determined that it will give due consideration to the proposal for adoption, amendment, or repeal of a rule. The notice of a public hearing shall be advertised twenty-one (21) days prior to the date of the hearing. The notice shall include a brief and concise explanation of the proposed rule’s purpose and effect, the estimate of economic impact to all individuals affected by the proposed rule or rule amendment, the specific legal authority for the School Board’s action, and the location where the text of the proposed change may be obtained.

(b) Any person who is substantially affected by a proposed rule, rule amendment, or the repeal of a rule, may within twenty-one (21) days following notice of intent to adopt or repeal such rule, file a written request with the School Board seeking an administrative determination as to the validity of the proposed rule action.

(c) The Superintendent shall file immediately in his/her office a copy of any new rule, rule amendment, or repeal of rule adopted by the School Board; policy handbooks shall be amended accordingly.

(d) Such rules shall become effective upon adoption by the School Board unless a time certain date is specified therein.

(2) Any person substantially affected by an existing School Board rule may petition the Division of Administrative Hearings, Florida Department of Administration, to conduct a hearing on the rule validity pursuant to Section 120.56, Florida Statutes. Any hearing examiner’s decision which is adverse to the School Board may, upon the School Board’s appeal, be judicially reviewed. Any hearing examiner’s decision which is adverse to the person substantially affected may, upon that person’s appeal, be judicially reviewed.

(3) The School Board may determine that the public health, safety, or welfare is endangered and that immediate action is required to protect the public interest. When this occurs, the School Board, at any meeting in which a quorum is present, may adopt emergency rules, without complying with the waiting period as provided in subsection (1) herein for public hearings and other similar requirements. The Superintendent shall properly record the effective date for any such emergency rule. Any emergency rule shall not be valid in excess of ninety (90) days from the adoption or effective date.

(4) Any School Board employee, citizen, or agency may obtain information relating to the method for proposing a rule or may submit a rule proposal to the Superintendent’s office.

(5) A copy of the compiled rules shall be available for inspection in the Superintendent’s office, the principal’s office, and in the library of any school.

(6) Copies of the School Board rules shall be assigned to various positions within the District as determined by the Superintendent.

(a) A copy of any rule change shall be made available by the Superintendent to each holder of the compilation who shall be responsible for entering all changes immediately upon receipt.

(b) A copy of the School Board Rule Manual shall be available to all staff members either in the principal’s office or school library. The school principal shall keep the compilation current.

(c) The principal shall inform his/her staff members of the location of the School Board rules and any changes.

Statutory Authority:  1001.41, 1001.42 F.S.

Laws Implemented: 120.52-72, 1001.43, F.S.

History:

Date adopted: 01/14/1999

Date revised: 09/12/2006; 02/09/2010