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Policy Manual

0130 - Functions

0131

Legislative

   
 

The Board is the policy making body for the District. Policies are adopted for the operation and governance of the Board and the District. These policies shall not be in conflict with the laws of the State or with State Board of Education rules.

   
 

F.S. 1001.41

   
 

Unless an emergency exists, any proposal relating to a policy amendment, the repeal of any policy, or the adoption of a new policy shall be presented in writing to the Board and must contain a written explanation of the proposal.

   
 

A.

The Superintendent must give immediate and proper written notice to the public in accordance with the provisions of Florida statutes, when the Board determines that it will give due consideration to the proposal for adoption, amendment, or repeal of a policy. The notice of a public hearing shall be advertised 28 days prior to the date of the hearing. The notice shall include a brief and concise explanation of the proposed policy's purpose and effect, the estimate of economic impact to all individuals affected by the proposed policy or policy revision of an existing policy the legal authority for the Board's action, and the location where the text of the proposed revision to current policy or new policy may be obtained.

   
 

B.

Any person who is substantially affected by a proposed policy, policy revision, or the repeal of a policy, may within 21 days following notice of intent to adopt or repeal such policy, file a written request with the Board seeking an administrative determination as to the validity of the proposed action.

   
 

C.

Upon passage, the Superintendent must immediately file and make available for inspection a copy of any new policy, policy revision, or repealed policy adopted by the Board. Policy handbooks must be amended accordingly.

   
 

D.

Such policies become effective upon adoption by the Board unless a specific date is specified within the policy. The Board policies must also be accessible to all school employees, students, and parents on the District's website.

   
 

F.S. 11.242

   
 

A District policy that incorporates, by specific reference, another policy of the District automatically incorporates subsequent amendments to the referenced policy, unless a contrary intent is clearly indicated in the referencing policy. Any notice of amendments to a policy that has been incorporated by specific reference in other policies of the District must explain the effect of the amendments on the referencing policies.

   
 

F.S. 120.54(1)(i)(2)

   
 

In policies adopted after December 31, 2009, material shall not be incorporated by reference unless

   
 

A.

the material is submitted in the prescribed electronic format to the Department of State and the full text of material can be made available for free public access through electronic hyperlink from the policy in the Florida Administrative Code making the reference.

     
 

B.

the District determines that posting of the material on the internet for purposes of public examination and inspection would constitute a violation of Federal copyright law, in which case a statement to that effect, along with the addresses and locations of the Department of State and the District at which the material is available for public inspection, is included in the required notice.

   
 

F.S. 120.54(1)(i)(3)

0131.1

Emergency Action

   
 

The policies and procedures of the School Board can be amended or suspended by a majority vote of the Board at any meeting provided that it is found that an immediate danger to the public health, safety, or welfare requires emergency action and that such action is in accordance with the specific requirements of Florida statutes.

   
 

F.S. 120.54(4)

   
 

As used in this document, the term "rule" and "policy" shall have the same definition.

   
 

The adoption, modification, repeal, or suspension of a Board policy must be recorded in the minutes of the Board and is governed by the Florida Administrative Procedures Act and reflected in the Board policy manual. No policy shall be in conflict with the operative law of the State or with State Board of Education policies.

   
 

F.S. 120.536(1), 120.54 of the Administrative Procedure Act

 

0131.2

Technical Corrections

   
 

Periodically, it may be deemed necessary to make technical corrections to policies that have already been adopted through normal procedures. These technical corrections may include consolidation of sections, transfer of sections, combining or dividing sections, renumbering, corrections or additions for grammatical or typographical errors, alterations and omissions, and/or changing statutory citations not affecting the constructions or meaning of those sections, subsections, chapters, titles, or policies as a whole.

   
 

Should the School Board choose to make such technical corrections, it can accomplish this outcome without going through the normal policy adoption procedure.

   
 

F.S. 11.242

   

0131.3

Variances and Waivers

   
 

The Board, by majority vote, can grant variances and waivers to requirements of its policies in accordance with statute and the Florida Administrative Code. The purpose of the variance or waiver is to avoid unreasonable, unfair, or unintended results in particular instances.

   
 

F.S. 120.542
Uniform Rules of Procedure, F.A.C. Chapter 28-104

   

0132

Executive

   
 

The Superintendent is the executive officer of the Board and as such advises and collaborates with the Board on educational matters and recommends to the Board those matters that require Board action.

   
 

F.S. 1001.46, 1001.461, 1001.50
Section 5, Article IX, State Constitution

   
 

As set forth in State law, the Board has limited executive power and exercises this executive power through the appointment of the Superintendent.

   
 

The Superintendent shall distribute, in print or electronic format, copies of the policies and regulations, and copies of amendments thereto, in sufficient quantity to be readily accessible to each regular employee and to the public.

   
 

The Superintendent is delegated the authority to take necessary action in circumstances not provided for in Board policy provided that such action is reported to the Board at the meeting following such action.

   
 

The Superintendent, in cases of emergency, can suspend any part of these policies and/or procedures provided that the Superintendent reports the fact of and the reasons for such suspension at the next meeting of the Board and provided further that the suspension expires at the time of said report unless continued in effect by action of the Board.

   

0133

Quasi-Judicial

   
 

The School Board has jurisdiction over any dispute or controversy arising within the District and concerning any matter in which authority is vested in the Board by statute, policy, contract, or policy of this Board. The Board acts as final appeal in the resolution of all matters of dispute within the school system including suspension, termination, promotion, and transfer of personnel. All such matters must appear on the agenda in order to be adjudicated by the Board.

   
 

F.S. 1012.22, 1012.34

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