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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 Policies 0141.1, Student Advisor to the Board, 0141.2, Conflict of Interest, 1030, Superintendent of Schools, 1120, Employment of Administrators, 3120, Employment of Instructional Personnel, and 4120, Employment of Support Staff, as a result of statutory amendments and Board action. Board Policy 0141.1, Student Advisor to the Board, is proposed for amendment pursuant to implement the Board’s recommendations to provide for additional orientation, ongoing membership, and a liaison for the student advisor in the Office of the Superintendent. Additionally, the proposed revisions provide a description of the role of the student advisor, as recommended and approved by the Board. Policies 0141.2, Conflict of Interest, and 1030, Superintendent of Schools, are proposed for amendment pursuant to HB 7001 (2022) amending the Florida Code of Ethics, F.S., Sections 112.3121 and 112.3122, to conform with Article II, Section 8(f) of the Florida Constitution prohibiting Board Members and the Superintendent from lobbying any governmental entity during their tenure, and prohibiting them from lobbying the District or the School Board for six (6) years after they vacate their position as Board Member or Superintendent. Policies 1120, Employment of Administrators, 3120, Employment of Instructional Personnel, 4120, Employment of Support Staff, are proposed for amendment pursuant to SB 2524 (2022) amending F.S. 1012.315, Screening standards, to clarify that a person is ineligible for employment if the person would be ineligible for an exemption under F.S. 435.07, Exemptions from disqualification.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(5), (6), (8); 1001.43(10), (11).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 112.3121; 112.3122; 435.12; 1012.315; 1012.32.

To Amend Board Policies 9143, Secure Our Future Advisory Committee, and 9800, Charter Schools, as a result of statutory amendments, Florida Department of Education rules, and updates to local practices. Board Policy 9143, Secure Our Future Advisory Committee, is proposed for amendment to implement the requirement in F.S. 1011.71(9) that the Board shares the proceeds of the new millage levy referendum with charter schools within Miami-Dade County. As such, the membership of the Committee is proposed for revision to include representatives from charter schools. Additionally, the Committee is authorized to request and receive reports and documentation from the District and any charter school referendum recipient related to the distribution of the referendum proceeds. The proposed revisions also clarify that charter school boards shall certify to the District that funds will be expended for the stated purposes of the referendum and not used in a manner that would indicate supplanting of funds, and that they shall provide any information to the District or Committee that may be necessary to ensure fidelity to the stated purposes of the referendum. Board Policy 9800, Charter Schools, is proposed for amendment pursuant to HB 225 (2022) specifying that before a vote on any proposed action to renew; terminate, other than an immediate termination under paragraph (c); or not renew the charter and at least 90 days before the end of the school year, the sponsor shall notify the governing board of the school in writing of the proposed action to renew, terminate, or not renew the charter. A charter automatically renews with the same terms and conditions if notification does not occur at least ninety (90) days before the end of the school year. However, the Sponsor may immediately terminate a charter contract if the Sponsor sets forth in writing the particular facts and circumstances demonstrating that an immediate and serious danger to the health, safety, or welfare of the charter school’s students exists, that the immediate and serious danger is likely to continue, and that immediate termination of the charter is necessary. A request for consolidation of multiple charters must be approved or denied within sixty (60) days after the submission of the request unless both parties mutually agree to an extension. If the request is denied, the Board shall notify the charter school’s governing board of the denial and provide the specific reasons, in reasonable detail, for the denial of the request for consolidation within ten (10) days. Additional revisions are proposed as a result of S.B. 2524 (2022), creating F.S. 1002.3301, Charter School Review Commission, which may solicit and review applications for charter schools to be located in this District. Proposed revisions also specify that the Board shall receive and consider charter school applications for charter schools to be opened at a time determined by the applicant. The terms of a charter school contract must include evidence of sufficient demand to support enrollment projections and the intent to achieve a demographic balance reflective of the community it serves or within the racial/ethnic range of other nearby public schools or school districts. A charter school that satisfied the requirements set forth in State law for designation as a high-performing charter school may receive a modification of its term to fifteen (15) years or a fifteen (15) year charter renewal. The charter may be modified or renewed for a shorter term at the option of the high-performing charter school. Each charter school governing board shall make an election in the charter contract to either: (1) adopt the District’s annual comprehensive reading plan; or (2) develop and approve a comprehensive reading plan for their school(s) for the specific use of the evidence-based reading instruction allocation based upon a root-cause analysis, to be submitted to the Department of Education annually. A virtual charter school shall comply with the applicable requirements of F.S. 1002.31 and with the enrollment requirements established under s. 1002.45(1)(e)4. Pursuant to F.S. 435.12, background screenings for charter schools must comply with the requirements of F.S. 1012.465 or F.S. 1012.56, whichever is applicable. Charter schools must comply with all rescreening requirements set forth in law. A charter school shall disqualify any person from employment in any position that requires direct contact with students, including but not limited to instructional personnel and school administrators, as defined in F.S. 1012.01 if the personnel or administrators are ineligible for such employment under F.S. 1012.315 or would be ineligible for an exemption under F.S. 435.07(4)(c). Proposed policy revisions also include various updates to F.S. 1002.33, Charter Schools, as a result of SB 758. The Board may not impose additional financial reporting requirements on a charter school as long as the charter school has not been identified as having a deteriorating financial condition or financial emergency under F.S. 1002.345. Any interlocal agreement or ordinance that imposes a greater regulatory burden on charter schools than on the District, or that prohibits or limits the creation of a charter school, is void and unenforceable. An interlocal agreement entered into by the District by the development of only its own District schools, including provisions relating to the extension of infrastructure, may be used by charter schools. A charter may be renewed provided that a program review demonstrates that the statutory criteria in F.S. 1002.33(7)(a) have been successfully accomplished and that none of the grounds for nonrenewal established by 1002.33(8)(a) have been expressly found. The charter of a charter school that meets all the renewal requirements and has received a school grade lower than a "B" pursuant to F.S. 1008.34 in the most recently graded school year must be renewed for no less than a 5-year term except as provided in F.S. 1002.33(9)(n). The Sponsor will not charge or withhold any administrative fee against a charter school for any funds specifically allocated by the Legislature for teacher compensation. If the Sponsor has not received its allocation due to its failure to submit an approved District salary distribution plan, the Sponsor must still provide each charter school within the District that has submitted a salary distribution plan its proportionate share of the allocation. Pursuant to HB 1557 (2022), charter schools must adopt a procedure for resolving disputes arising under F.S. 1001.42(8)(c) and F.A.C. 6A-6.0791 and shall abide by the District’s determination of parental concerns or disputes. Various amendments are also proposed to organize the policy and update references to District practices and state and federal law. The introduction clarifies the Board’s role in the charter approval process. The Sponsor shall receive and consider charter school applications for charter schools to be opened at a time determined by the applicant. The composition of the Application Review Committee (ARC) and the Contract Review Committee (CRC) is updated to reflect current department titles. Policy revisions reflect updates to District processes for applications, charter contracts, charter contract amendments, modifications to the term of a charter, renewals, and closures. As set forth in F.S. 1002.333, the notice of intent for a school of hope shall also include an academic focus and plan, a financial plan, a completed or planned community outreach plan, organizational history of success in working with the students with similar demographics, grade levels to be served and enrollment projections, the proposed location or geographic area proposed, and a staffing plan. Charter schools must submit to the Sponsor all required financial statements including a monthly financial statement summary sheet that contains a balance sheet and a statement of revenues, expenditures, and changes in fund balances, and the Board may not impose additional reporting requirements on a charter school as long as the charter school has not been identified as having a deteriorating financial condition or financial emergency. A charter school shall make annual progress reports to the Sponsor on an instrument developed by the Sponsor such as the District’s performance goals framework or as required by or to monitor the implementation of state and federal law or rule. A charter school may not persuade a parent to voluntarily withdraw their child or involuntarily withdraw/dismiss or transfer a student unless the withdrawal or transfer is accomplished after appropriate due process is provided and according to an approved code of student conduct. The policy clarifies that Exceptional Student Education (ESE) students shall be educated in the least restrictive environment, to the maximum extent that is appropriate. Funds levied under F.S. 1011.71 shall be shared with charter schools based on each charter school’s proportionate share of the district’s total unweighted full-time equivalent student enrollment and used in a manner consistent with the purposes of the levy. The policy revisions delete reference to the obsolete Capital Outlay Committee. Finally, revisions specify that each charter school in the District must comply with the requirements of F.A.C. 6A-1.0018 and Florida law pertaining to school safety, including the requirement that charter schools coordinate with the District’s School Safety Specialist.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(4), (8); 1001.43(5).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 435.07; 1001.42; 1002.31; 1002.33; 1002.3301; 1002.3305; 1002.331; 1002.332; 1002.333; 1002.34; 1002.345; 1002.45; 1006.07; 1006.12; 1011.60; 1011.71; 1012.31; 1012.315; 1012.32; 1012.465; 1012.56.

To Amend Board Policies 2431, Interscholastic Athletics, 5131, Student Transfers and Controlled Open Enrollment, and 5120, Student School Assignment and Attendance Boundary Committee, as a result of legislative updates and Board action. Board Policy 2431, Interscholastic Athletics, is proposed for amendment pursuant to Board Agenda Item H-16, Mid- Season Transfers for Interscholastic Athletics, sponsored by Board Member, Dr. Dorothy Bendross-Mindingall, and approved by the Board at its regular meeting of October 19, 2022. Revisions are proposed to better organize the policy and to specify reasons for good cause to permit students to continue playing sports upon receiving a mid-season transfer. Good cause will include students who receive a transfer pursuant to Section II.A. of Policy 5131 and present extenuating circumstances to the Athletic Eligibility Transfer Review Committee (AETRC). Board Policy 5131, Student Transfers and Controlled Open Enrollment, is proposed for amendment to enhance the overall organization of the policy and clarify the categories of student transfers. Additionally, the proposed amendments conform to changes required by SB 2524 (2022), amending Florida Statutes, Section 1002.31, Controlled open enrollment; Public school parental choice. The statutory changes now require each District capacity determination identified on the school district website(s) to be updated by grade level every 12 weeks. Additionally, each school district with a contract with an approved virtual instruction program provider shall determine capacity based upon the enrollment requirements established under Fla. Stat. s. 1002.45(1)(e)4. Furthermore, the statutory changes require the District to adopt and post on its website information on transportation options provided to students. The District is also required to maintain a waitlist of students who are denied access due to capacity and to notify parents when space becomes available. Students must be accepted at District schools throughout the school year as capacity becomes available. The proposed revisions also conform the policy to the repeal of F.S. 1002.39, John McKay Scholarship for Students with Disabilities, and adoption of F.S. 1002.394, Family Empowerment Scholarship Program. Board Policy 5120, Student School Assignment and Attendance Boundary Committee, is proposed for amendment to clarify that declining enrollment and ability to conduct a viable educational program, as well as the impact of changes to other school boundaries, are factors that the Attendance Boundary Committee takes into consideration when reviewing proposed attendance areas regarding school boundaries.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(4), (8), (10), (20); 1001.43(1).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 1000.05; 1001.32; 1001.42(4); 1001.51(6); 1002.20; 1002.31; 1002.38; 1002.394; 1002.40; 1002.45; 1003.02; 1003.03; 1003.05; 1003.21; 1006.07; 1006.15; 1006.195; 1006.20.

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 January 13, 2023. 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
12/19 22-34/0000636792M