Policy 1.120

Waiver of a School Board Policy

1. Except as provided in Fla. Stat. §§ 120.542 and 120.81(1)(k), the School Board may waive a Policy to avoid unreasonable, unfair or unintended results in particular instances. Waiver of a School Board Policy shalI be granted when a person subject to a rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of the Policy would create a substantial hardship or would violate principles of fairness as defined in § 120.542(2).

1. Pursuant to § 120.542(1), a District employee is not eligible to petition for a variance or waiver to a Policy that affects that District employee in his or her capacity as a public employee.
2. As stated in § 120.81(1)(k), students are not eligible to petition for a variance or waiver to a Policy.

2. The procedures and basis for filing a petition for waiver and for the granting or denying of a petition for waiver shall be in accordance with Fla. Stat. § 120.542 and the Uniform Rules of Procedure, Chapter 28-104, Florida Administrative Code. Within 15 days after receipt of a petition for variance or waiver, the District shall provide notice of the petition to a newspaper of general circulation in this county, for publication in the legal notices section, consistent with §§ 120.542(6) and 120.81(1)(d).
3. A waiver of a School Board Policy shall not render the Policy void with respect to the continued implementation of the Policy which is sought to be waived nor to the application of said Policy to said situations which may arise in the future.