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3.511 Indexing, Management, and Availability of Final Orders

3.511 Indexing, Management, and Availability of Final Orders

Chapter 3.00: School Administration

3.511

INDEXING, MANAGEMENT, AND AVAILABILITY OF FINAL ORDERS

POLICY

I. Th cop e following shall be made available from the School Board for public inspection and ying:

A. All final orders.

B. A current subject-matter index of final orders specified in Rule 1S-6.004, Florida

Administrative Code.

C. A list of final orders made by stipulation, agreed settlement, or consent orders which are not required to be indexed. The list shall contain the names of the parties to the

proceedings and the number assigned to the final order.

II. Pursuant to Section 1S-6.004, Florida Administrative Code, the following School Board orders resulting from a proceeding under Sections 120.54(4), 120.56, 120.565, and

120.7(1)(2)(3), Florida Statutes (1993) shall be indexed:

A. A final order which discusses a substantial legal issue of the first impression which is actually resolved in the case.

B. A final order which establishes a rule of law, principle, or policy for the first time which the School Board will rely upon and apply in similar circumstances.

C. A final order which alters, modifies, or significantly clarifies a rule of law, principle, or policy previously applied, announced, or relied upon by the School Board.

D. A final order which resolves an apparent conflict in decisions of the School Board or harmonizes decisions of appellate courts.

III. All final orders shall be sequentially numbered using a two-part number separated by a dash. The first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with number (1) each new calendar year. The assigned agency prefix, which is “OCSB,” shall precede the two-part number.

IV. System for Indexing Final Orders

A. The index shall be alphabetically arranged by main subject headings and subheadings in the index shall be determined by the subject of the action of the final order. Main subject headings shall be all capital letters and shall be flush left on the page followed by relevant and more specific subheadings which shall be indented with the initial letter capitalized. Subheadings and sub-subheadings shall be alphabetized. Related key words (specific words, terms, or phrases) and common and colloquial words shall be cross-referenced to the appropriate main subject headings. The numbers of the final orders shall be listed sequentially in an indentation immediately below the applicable text indentation.

B. The initial main subject headings to be used in the index are as follows:

• BID PROTESTS

• BUSINESS AND PROFESSIONAL SERVICES

• EMPLOYEES

• HEARING DETAILS

• PROCEDURE

• SCHOOL ATTENDANCE ZONES VARIANCES

• STUDENTS

C. The main subject headings shall be consulted by the School Board Clerk and subsequent similar entries shall be indexed under the existing appropriate heading. The index shall be cumulative and shall be updated every 120 days and made available to the public. New main subject headings will be added when necessary.

D. The Clerk of the School Board shall index all final orders.

V. All final orders that must be indexed or listed pursuant to Chapter 1S-6 of the Florida Administrative Code shall be maintained by the School Board pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

VI. The School Board shall make final orders accessible and available to the public by sequentially numbering and indexing all final orders. The School Board shall make all final orders, subject matter index, and the list of final orders not required to be indexed available to the public.

A. The School Board Clerk shall assist the public in obtaining information pertaining to final orders.

B. The system or process used by the School Board Clerk to search and locate all final orders is as follows:

1. The Clerk shall in the manner outlined in Section 4 of this rule, enter into a computer all final orders according to subject matter. The Clerk shall search and locate final orders by consulting main subject headings, subheadings, and sub-subheadings which shall be displayed alphabetically on a computer generated cumulative index printout.

2. All final orders shall be sequentially numbered according to Section 3 of this rule, and shall appear in the index under appropriate subject heading(s). The Clerk shall locate the requested final subject heading(s). The Clerk shall then locate the requested final order, of which a copy will be filed sequentially by final order numbered and housed in the office of the School Board Clerk.

C. The School Board maintains and stores such final orders, subject matter indexes, and lists of all final orders not required to be indexed in the Okeechobee County School Board Office, 700 SW 2nd Avenue, Okeechobee, Florida 34974.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.

LAWS IMPLEMENTED: 120.53, 120.533, 1001.43, F.S.

STATE BOARD OF EDUCATION RULES: Chapter 1S-6, Florida Administrative Code

HISTORY: Adopted: 04/13/1999

Revision Date(s): 03/09/2004, 11/17/2009

Formerly: New

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