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Agenda Plus
School Board of Clay County
June 30, 2022 - Regular School Board Meeting
Title
D3 - Adopt Superintendent’s Memorandum in Support of Declaration of Emergency and Approve the emergency adoption and implementation of School Board Policy Human Resources Policy 2.02 (Application and Recruitment) to add 2.02E. (Unlawful Employment Practices) and the creation of School Board Policy 4.66 (Prohibition Against Discrimination; Required Instruction)
Description

The Florida legislature, on March 10, 2022, passed House Bill 7, which bill was approved by the Governor on April 22, 2022 and was filed with the Secretary of State on April 22, 2022 as Laws of Florida Ch. 2022-72. Said bill added requirements for each school board throughout the State of Florida to amend policies and procedures to further define unlawful employment practices (F.S. 760.10) and delineate both prohibited and required instruction. The requirements of this legislation take effect on July 1, 2022. The School Board Policy amendments and additions set forth herein meet the requirements of the legislation and provide for further definition and implementation by the Superintendent through the establishment of procedures promulgated through his office. The attached Policies, were created to accomplish the legislative requirements by the set deadline. The Superintendent is asking that they be adopted on an emergency basis there is insufficient time to comply with the full adoption process required by Sec. 120.54, Fla. Statutes. Because they meet the definition of a “Rule” they are required to be approved by the School Board prior to implementation. Florida law provides that a Rule adopted by emergency procedures shall not be effective for more than 90 days during which time the School Board may initiate and complete rulemaking to adopt a rule addressing the subject of the emergency rule if it wishes the rule to extend beyond 90 days. This process requires publication of notice of adoption and a public hearing.

Gap Analysis

N/A

Previous Outcomes

N/A

Expected Outcomes

Approval of this item will allow the School Board to implement the Policies while it continues with the formal adoption process for the Policy.

Strategic Plan Goal

Provide FAPE to all students of the free public schools operated by the School Board of Clay County, Florida in compliance with the requirements of the Florida legislature.

Recommendation

Approve the advertisement and notice of public hearing for the attached Policies which have been previously adopted by emergency rulemaking procedures.

Contact
David S. Broskie, Superintendent of Schools; J. Bruce Bickner, School Board Attorney
Financial Impact
Undetermined at this time. It is believed that the approval of the the Policies is necessary to meet the requirements of the legislation described herein.
Review Comments
Attachments
Policy 2.02E (H.B.7_ F.S. 760.10 as amended) (3).pdf
Proposed Policy 4.66 (H.B. 7_F.S. (4) (3).pdf
Executed Memorandum of Declaration of Emergency Policies 2022 H.B.7 (1).pdf