Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.0691: Procedures for Appealing a District School Board Decision
PURPOSE AND EFFECT: This rule provides for an appeals process related to school district employment issues. Section 1012.33, Florida Statutes, provides that school district personnel may contest a recommendation by the superintendent to not issue a new professional services contract by requesting a hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Such a hearing may be held before the school board or an administrative law judge of the Division of Administrative Hearings. Those provisions contain the appeal process in the event an individual is not satisfied with a final determination of the school board. As Chapter 120, F.S., governs this appeal process, no authority exists for the procedures provided in this rule.
SUMMARY: This rule is to be repealed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1001.02(1) FS.
LAW IMPLEMENTED: 20.05(1)(b), 120.53(1)(c), 1001.02(1), 1012.33(4), (6) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 19, 2010, 9:30 a.m.
PLACE: Tampa, Florida. For additional information contact Lynn Abbott, (850)245-9661 or e-mail Lynn.abbott@fldoe.org
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert Large, Office of General Counsel, Department of Education, 325 West Gaines St., Suite 1244, Tallahassee, FL 32399-0400, (850)245-044

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.0691 Procedures for Appealing a District School Board Decision.

Rulemaking Specific Authority 1001.02(1) FS. Law Implemented 20.05(1)(b), 120.53(1)(c), 1001.02(1), 1012.33(4), (6) FS. History– New 6-16-72, Repromulgated 12-5-74, Amended 6-17-81, Formerly 6A-1.691, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Deborah Kearney, Office of General Counsel.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 08, 2009