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NOTICE

The School Board of Miami-Dade County, Florida announces the following Board Policy action will be taken at its meeting on:

JANUARY 18, 2023
1:00 P.M.
School Board Auditorium
1450 N.E. Second Avenue
Miami, Florida 33132

To Amend Board Policy 5500, Student Conduct and Discipline, and the Code of Student Conduct Elementary and Code of Student Conduct Secondary, to align with the most updated statutory requirements related to threat assessment teams, Zero Tolerance and Serious Crimes, simulated weapons, expulsion, mental health de-escalation strategies, bullying and harassment, and reasonable attempts to contact parents before initiating an involuntary examination. The proposed amendments also align with School Environmental Safety Incident Reporting (SESIR) glossary definitions and Title IX mandates related to investigation and discipline for sexual harassment. The proposed amendments address local practices by requiring that discipline for threats be done in consultation with Region Offices to ensure District-wide consistency; clarify requirements for assignments to Alternative Educational Settings; and align discipline for technology and computer-related offenses to Board policy 7540.03, Student Responsible Use of Technology, Social Media, and District Network Systems. The amendments update Exceptional Student Education (ESE) terms, clarify content related to the 45-school day alternative placement rule for students with disabilities and the District’s Multi-Tiered Systems of Support, and provide other non-substantive revisions.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 1000.05; 1001.42(8); 1001.43(1); 1001.52(24); 1001.54; 1003.01; 1003.02(1)(c); 1003.04; 1003.31; 1003.32; 1003.57; 1006.07; 1006.08; 1006.09; 1006.10; 1006.13; 1006.135; 1006.14; 1006.145; 1006.147; 1006.148; 1006.15; 34 C.F.R. Part 106.

To Amend Board Policies 1030, Superintendent of Schools, 1130.01, Assignment of Administrators, and 6327, Public-Private Partnerships and Unsolicited Proposals, as a result of statutory amendment and Board initiatives. Board Policy 1130.01, Assignment of Administrators, is proposed for amendment pursuant to action by the Board at its regular meeting of October 19, 2022. The amendments require the regular and timely submittal to the Board of up-to-date organizational charts bearing the name of the officeholder, to take place as part of the Superintendent’s yearly reorganization and be updated, as needed, thereafter, to accurately reflect the prevailing senior administrative structure in District offices. Organizational charts shall also be made available on the District’s website. Board Policy 6327, Public-Private Partnerships and Unsolicited Proposals, is proposed for amendment pursuant to Board action at its regular meeting on August 15, 2022. The proposed amendments require that the Board’s interest in public education is protected and promoted when contemplating, proposing, and negotiating the development and use of Board-owned real estate. The proposed amendments also ensure that the Office of Inspector General is notified of major solicitations or negotiations involving public-private partnerships for complex real estate transactions. Board Policy 1030, Superintendent of Schools, is proposed for amendment in response to SB 2524 (2022) amending Section 1001.51, Florida Statutes, Duties and Responsibilities of District School Superintendent. The policy amendments are proposed to require administrators to keep all records and reports as required by F.S. 1001.51(12), Board policies, rules, and procedures, and/or as the Superintendent may deem necessary for the effective administration of the schools/departments. Such records and reports shall include any determination to withhold from a parent information regarding the provision of any services to support the mental, physical, or emotional well-being of the parent’s minor child. Any such determination must be based solely on child-specific information personally known to the school personnel and documented and approved by the principal. Such determination must be annually reviewed and redetermined. Administrators shall be responsible to the Superintendent for the accurate and prompt submission of all reports, whether developed by an employee or by the administrator. All reports shall be officially reviewed by the immediate supervisor and brought up to date by the employee before a resigning or retiring administrator receives final pay.


Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(5); 1001.43(11), (12).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. s. 1001.51; Fla. Stat. Ch. 1012; Fla. Stat. s. 255.065.


To Amend Board Policies 2210, Curriculum Development, 2370.01, Virtual Instruction, 2410, School Health Services Program, and 2623, Student Assessment, as a result of statutory amendments. Policy 2210, Curriculum Development, is proposed for amendment as a result of SB 2524 (2022) amending F.S. 1011.62, Funds for Operation of Schools, which now requires the School Board to approve the District’s comprehensive reading plan to be submitted to the Florida Department of Education (FDOE). The amendments specify that annually, by a date determined by the FDOE, the District shall submit a Board-approved K-12 comprehensive reading plan to the FDOE for the specific use of the evidence-based reading instruction allocation, based upon a root-cause analysis. Policy 2370.01, Virtual Instruction, is proposed for amendment as a result of SB 1048 and SB 2524 (2022), specifying that the District is required to provide virtual instruction options for students residing in the District and requiring students in virtual instruction to participate in the coordinated screening and progress monitoring system under F.S. 1008.25. Policy 2410, School Health Services Program, is proposed for amendment as a result of HB 173 (2022), which created F.S. 1006.0626. The amendments highlight chronic health conditions to be addressed by the policy, including but not limited to epilepsy and seizure disorders, and contain procedures for providing individualized student healthcare plans and training for individuals whose duties include regular contact with the student during school or school-sponsored events and activities. The amendments also address HB 899 (2022), amending F.S. 1011.62(14) to require that agreements with community-based agencies for mental health services contain specific assessment timelines and information to parents and other individuals living in households with a student receiving services under the agreement. Policy 2623, Student Assessment, is proposed for amendment as a result of SB 1048 (2022) amending F.S. 1008.25. The proposed policy amendments reflect the new requirement that a coordinated screening and monitoring system be implemented to identify the educational strengths and needs of students. The amendments also specify that the District will not schedule more than five percent (5%) of a student’s total school hours in a school year to administer statewide, standardized assessments, the coordinated screening and progress monitoring system under F.S. 1008.25(8)(b)2., and District-required local assessments. The amendments specify that the District shall provide parents with their student’s performance results on state and locally required District-required local assessments in a timely manner and format required by F.S. 1008.25(8)(c); and that required information will be published on the District website annually.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(13), (18); 1001.43(8).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 1008.25; 1006.062; 1006.0626; 1011.62.

To Amend Board Policies 6110, Grant Funds, 6114, Cost Principles for Federal Funds, 6233, District Budgets, 6320, Purchasing, 6330, Architectural, Engineering, Landscape Architectural, Land Surveying, Construction Management, Program Management and Inspection Services, and 6480, Expenditures, as a result of statutory and regulatory amendments. Policy 6110, Grant Funds, is proposed for amendment to conform to latest changes to the United States Education Department General Administrative Regulations (EDGAR). The revisions include the specific requirements for Maintenance of Effort (MOE) and Maintenance of Equity (MOEquity) to be documented and provided at the time of audit of specific funded programs. Policy 6114, Cost Principles for Federal Funds, is proposed for amendment to include the latest changes to the EDGAR, including specific prohibitions regarding costs incurred for telecommunications and video surveillance services or equipment and rules of allowability that apply to equipment and other capital expenditures. Policy 6233, District Budgets, is proposed for amendment as a result of SB 2524 (2022), amending F.S. 1011.62(6), regarding the type of categorical fund expenditures that are permitted when the Board determines appropriations are urgently needed to maintain board-specified academic classroom instruction or to improve school safety. Policy 6320, Purchasing, is proposed for amendment as a result of HB 7049 (2022), creating Florida Statutes, Section 50.0311, Publication of Advertisements and Public Notices on a Publicly Accessible Website and Governmental Access Channels, to set forth the requirements for publishing advertisements and notices online. The proposed revisions specify that bid publications may be published on the District’s publicly accessible website and that such publications must be in searchable form and indicate the date on which the publication was first on the District’s website. The proposed revisions also conform to HB 1079 (2021), amending F.S. 287.057 to require at least 15 business days for the electronic posting of a description of the commodities or contractual services that are available only from a single source, and amending F.S. 287.056(2), to specify that, where vendors are selected through the formal competitive solicitation process, if the District issues a request for quotes for contractual services for any contract with 25 approved vendors or fewer, the District must issue a request for quote to all vendors approved to provide such contractual services. For any contract with more than 25 approved vendors, the District must issue a request for quote to at least 25 of the vendors approved to provide such contractual services. Use of a request for quote does not constitute a decision or intended decision that is subject to protest under s. 120.57(3). The proposed revisions also conform to EDGAR to require that all Federally-funded contracts in excess of $2,000 related to construction, alteration, repairs, painting, decorating, etc., of public buildings or public works, comply with the Davis-Bacon and Related Acts prevailing wage requirements. Policy 6330, Architectural, Engineering, Landscape Architectural, Land Surveying, Construction Management, Program Management and Inspection Services, is proposed for amendment to clarify that, pursuant to F.S. 1013.45, the District must retain a registered architect for all construction projects exceeding $50,000.00 as required by Florida law, except in limited circumstances. Policy 6480, Expenditures, is proposed for amendment to conform to the requirements of HB 921, Campaign Finance (2022), amending F.S. 106.113, to prohibit the expenditure of public funds for political advertisement or any other communication sent to electors concerning an issue, referendum, or amendment, including State questions, that is subject to a vote of the electors, irrespective of whether the communication is limited to factual information or advocates for the passage or defeat of an issue, referendum, or amendment.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(12); 1001.43(2).
Laws Implemented, Interpreted, or Made Specific: 2 C.F.R. Pt. 200; Fla. Stat. ss. 50.0311; 106.113; 287.056; 287.057; 1011.62; 1013.45.

If requested, a Hearing will be held during the January 18, 2023 School Board meeting. Persons requesting such a hearing must submit a written request to the Superintendent of Schools, Room 912, same address as above, by November 21, 2022. The policy will be effective upon filing with The School Board of Miami-Dade County, Florida on January 18, 2023. A person wishing to appeal any decision made by The School Board of Miami-Dade County, Florida, with respect to any action on this policy should ensure the preparation of a verbatim record of the proceedings, including the testimony and evidence upon which the appeal is to be based. Copies of the policy and the notice of intended action are available to the public for inspection and copying at cost in the Citizen Information Center, Room 102, 1450 N.E. Second Avenue, Miami, Florida.

Dr. Jose L. Dotres
Superintendent of Schools
11/21 22-53/0000632306M