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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:

APRIL 19, 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, 5111.01, Homeless Students, 8330, Student Records, and repeal and replace Policy 5350, Student Suicide Prevention, Intervention, and Postvention, as a result of statutory amendments and Florida Administrative Code rule changes. Policy 0141.1, Student Advisor to the Board, is proposed for amendment pursuant to Board action to delete the requirement that a student advisor candidate must be able to take an Executive Internship with the advisor to the District Student Government Association to be eligible for election. Policy 5111.01, Homeless Students, is proposed for amendment as a result of HB 1577 (2022), to revise the definition of homeless youth and other definitions in Florida Statues, Section 1003.01 and the requirement that district school boards issue each homeless youth certified under F.S. 743.067 a card documenting homeless status and other required information; elucidate transportation requirements, services for homeless preschool youth, and dispute resolution procedures for homeless youth, in accordance the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act) (42 United States Code § 1143111435). Policy 8330, Student Records, is proposed for amendment as a result of changes to F.A.C. 6A-1.0955 (Nov. 22, 2022), to clarify various definitions and delineate additional types of category A and category B education records; require that threat assessment records must be maintained in a student’s category B records and that non-threat determinations may not be maintained unless certain conditions are met; specify limitations on collection and retention of certain information and require verified reports of serious or recurrent behavior and threats to be contained in records upon transfer to another school; clarify when access to student records may be granted to school officials; reinforce certain safeguards from unauthorized disclosure; require specified conditions in contracts with third-party vendors for online educational services, procedures for notifying parents and eligible students if student personally identifiable information (PII) will be collected by the online educational service, an explicit prohibition against sharing or selling a student’s PII for commercial purposes without providing parents a means to either consent or disapprove, and notice on the District’s website of the PII that may be collected, how it will be used, when it will be destroyed and the terms of re-disclosure; specify that the use of any non-approved online educational software, web-based tools or mobile applications on district provided devices may result in disciplinary proceedings, up to and including expulsion, and may result in student PII being disclosed and not protected. Policy 5350, Student Suicide Prevention, Intervention, and Postvention, is recommended for repeal and replacement to address new provisions related to the use of suicide risk assessments in F.A.C. Rule 6A-4.0010 (Nov. 22, 2022), including the qualifications of individuals permitted to administer such an assessment and parent notification requirements. Additional revisions to this policy address youth suicide awareness and prevention training. The policy is recommended for repeal and replacement to better align it to the requirements of the rule and current practice.

Specific Authority: Fla. Stat. ss. 1001.32(2); 1001.41(1), (2); 1001.42(8), (10); 1001.43(1), (8).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 1002.22; 1002.221; 1002.222; 1003.21; 1003.22; 1001.42(8); 1012.583; 42 U.S.C. 11431 et seq.; 20 U.S.C. 9101 et seq.; Fla. Admin. Code r. 6A-1.0955; Fla. Admin. Code r. 6A-1.0955; Fla. Admin. Code r. 6A-4.0010.

To Amend Board Policies 6320.07, Procurement - Federal Grants/Funds, 6325, Cone of Silence, and 6327, Public-Private Partnerships, Unsolicited Proposals, Competitive Solicitations, and Direct Negotiations Regarding Board-Owned Property and Resources, as a result of changes in regulations and Board action. Policy 6320.07, Procurement - Federal Grants/Funds, is proposed for amendment to align with federal regulations requiring a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The amendments clarify that if a non-domestic agricultural product is to be provided, the vendor must obtain written approval in advance for the product to be used. The amendments also clarify that all Requests for Proposals (RFPs) and Invitations to Bid (ITBs) shall be opened publicly in accordance with F.S. 287.057. Policy 6327, Public-Private Partnerships, Unsolicited Proposals, Competitive Solicitations, and Direct Negotiations Regarding Board-Owned Property and Resources, is proposed for amendment as a result of Board action at its regular meeting of January 18, 2023, requiring School Board approval of qualifying projects that result from unsolicited proposals, as well as to require Board authorization for the Superintendent to publish a solicitation based on the qualifying project or to reject the unsolicited proposal. The amendments specify the actions that the Superintendent and designated staff must take to determine if an unsolicited proposal meets all criteria for submission and evaluation prior to making a recommendation to the Board to approve or reject the unsolicited proposal. The amendments also specify the stages of the process when the cone of silence is applicable. Policy 6325, Cone of Silence, is proposed for amendment to conform to the changes to Policy 6327. The amendments clarify that for unsolicited public-private partnership proposals, the cone of silence shall be imposed from the time the proposal is received in accordance with Policy 6327. The amendments also clarify that the cone of silence shall terminate at the time when the agenda is published for the upcoming School Board meeting, wherein the Superintendent recommends an award or approves a contract; rejects all bids or responses; or takes any other action that ends the solicitation and review process.

Specific Authority: Fla. Stat. ss. 1001.32(2); 1001.41(1), (2); 1001.42(2), (12); 1001.43(2), (4), (12).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 255.065; 287.057; 7 C.F.R. 210.21.

If requested, a hearing will be held during the April 19, 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 March 15, 2023. The policy will be effective upon filing with The School Board of Miami-Dade County, Florida on April 19, 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
2/21 23-53/0000647669M