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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:

AUGUST 16, 2023
1:00 P.M.
School Board Auditorium
1450 N.E. Second Avenue
Miami, Florida 33132

To Adopt Board Policy 9147, Educational Materials Advisory Committee, to establish a committee to serve in an advisory capacity to the Superintendent on matters related to instructional materials. The EMAC is responsible for promoting parent involvement in the selection of educational materials; promoting parent contributions when stakeholder input is solicited in selecting library materials’ educating parents about educational materials and related Board Policies, Florida Statutes, and Florida Administrative Code; and making recommendations for new educational materials. All meetings shall be held in open public sessions and all materials made in connection with official business of these meetings and not exempt from disclosure pursuant to Florida statutes are open for public inspection, pursuant to Florida’s Government-in-the-Sunshine and Public Records Laws, F.S. Chapters 286.011 and 119. Notice for any Board Advisory Committee meeting shall be in accordance with Board Policy 9125, District Advisory and Other District Committee Meetings. The EMAC shall be established with membership requirements as outlined in the policy and consistent with the requirements of Board Policy 9140, Citizens’ Advisory Committees. However, nothing in Policy 9147 shall be construed to supplant specific procedures set forth in other Board policies, including but not limited to Policy 2510, Instructional Materials, School Library/Media Center, and Other Educational Materials, Policies 1213, 3213, 4213, Student Supervision and Welfare, Policy 5517.02, Discrimination/Harassment Complaint Procedures for Students, and Policy 2215, Program of Instruction.

Specific Authority: Fla. Stat. ss. 1001.41 (1), (2), 1001.42(17).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss 119.071(3)(a), 286.011, 1002.20(19), 1003.02(1)(d), 1006.31, 1006.40.

To Repeal and Replace Board Policy 2370, Magnet Choice Schools/Programs, to restructure and augment the existing policy that governs magnet schools and programs within the District. Pursuant to Board action, the replacement policy includes priority admission for dependent children of honorably discharged veterans of the United States military and includes a benefit for students whose parent/guardian is an employee of M- DCPS. The replacement policy outlines the various types of magnet choice schools and programs that can be established and includes a new type of magnet model that would provide for intra-district magnets to be established with shared resources. As with the repealed policy, the replacement policy establishes how students apply to and are accepted by magnet choice schools and programs.

Specific Authority: Fla. Stat. ss. 1001.41 (1), (2), 1001.42(4), (8).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 1001.41(6), 1001.43(1), 1003.05, 1002.31; 5 U.S.C. Section 2108; 20 U.S.C. Section 7231; 34 C.F.R. Part
280.

To Amend Board Policies 0164, Notice of Meetings, and 0165, Public Meetings, as a result of Board action. Board Policies 0164, Notice of Meetings, and 0165, Public Meetings, are proposed for amendment to better align the policies with the Florida Sunshine Law and provide clarity and assurances that: a Board member who requests a Board member conference shall provide said notice to the public and to all Board members. Such notice shall be coordinated though the Board Agenda Clerk, who will be responsible for posting the notice on the District’s website portal below the "School Board" tab under "School Board Meeting Schedule," and as required by Board Policy 0165, Public Meetings. The Board member requesting the conference must provide separate written notice of the conference to all Board members, formally inviting them to the conference at least seven (7) days prior to the scheduled date of the conference and include the School Board Member who initiated the conference. Said notice shall identify the Board member who is sponsoring the conference, specify the subject or topic to be discussed at the conference and include the date, time, and location of the conference. The notice shall include invitees and School Board Members whose attendance has been confirmed, where available, and include a statement to the effect that all School Board members have the right to attend and may fully participate at the conference. The notice must also state whether school district staff are invited to attend the conference and whether members of the public will be provided an opportunity to comment or speak at the conference. The School Board Recording Secretary must be available to facilitate the recording of the meeting and take required minutes. The notice must be posted at least seven (7) days before the member conference. Additional amendments are proposed to address Board member presentations at regular Board meetings and a recess of the regular meeting under extraordinary circumstances. Policy 0165 contains an additional amendment which allows for legislative invocations before each regular Board meeting.

Specific Authority: Fla. Stat. ss. 1001.32(2); 1001.41(1), (2).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 286.011; 286.0114; 1001.372; 1001.43(10).

To Amend Board Policies 1210, 3210, and 4210, Standards of Ethical Conduct, as a result of HB 1069 (2023). Policies 1210, 3210, and 4210, Standards of Ethical Conduct, are proposed for amendment as a result of HB 1069 (2023) specifying that Florida educators shall not intentionally provide classroom instruction to students in prekindergarten through grade 8 on sexual orientation or gender identity, except when required by Sections 1003.42(2)(n)3. and 1003.46, F.S.

Specific Authority: Fla. Stat. ss. 1001.32(2); 1001.41(2), (5); 1001.43(11).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 1001.42(6), (8).

To Amend Board Policies 7540.01, Technology Privacy, 7540.03, Student Responsible Use of Technology, Social Media, and District Network Systems, 7540.04, Staff Responsible Use of Technology, Social Media, and District Network Systems, 7540.05, Staff Electronic Mail, and 7540.06, Student Electronic Mail, as a result of recent legislation and to promote safety throughout the District. Policy 7540.03, Student Responsible Use of Technology, Social Media, and District Network Systems, is proposed for amendment as a result of HB 379 (2023), amending F.S. 1003.02 to require each district school board to adopt an internet safety policy for student access to the Internet, which limits access by students to only age-appropriate subject matter and materials on the Internet; protects the safety and security of students when using e-mail, chat rooms, and other forms of direct electronic communications; prohibits access by students to data or information, including so-called "hacking," and other unlawful online activities by students; prevents access to websites, web applications, or software that does not protect against the disclosure, use, or dissemination of students’ personal information; prohibits and prevents students from accessing social media platforms through the use of Internet access provided by the school district, except when expressly directed by a teacher solely for educational purposes; and prohibits the use of the TikTok platform or any successor platform on district-owned devices, through Internet access provided by the school district, or as a platform to communicate or promote any district school, school-sponsored club, extracurricular organization, or athletic team. Additionally, the bill amends F.S. 1003.32 to grant teachers the authority to designate an area for wireless communications devices during instructional time. The policy title is also recommended for revision to include "Internet Safety." Additionally, to promote safety throughout the District, the policy is recommended for amendments to clarify expectations for student responsible use and reiterate that administrators, their designees, or contracted entities may review files and communications on the District network and related systems (including electronic mail, managed chat applications and network or cloud storage) to ensure that users are using the system in accordance with District policy and administrative procedures and guidelines. Similar amendments are proposed to Policies 7540.01, Technology Privacy, 7540.04, Staff Responsible Use of Technology, Social Media, and District Network Systems, 7540.05, Staff Electronic Mail, and 7540.06, Student Electronic Mail, for the same purposes.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2); 1001.42(6), (8); 1001.43(1), (7), (11).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. F.S. 119.011; 257 et seq.; 668.60 et seq.; 668.701 et seq.; 748.048; Ch. 847; 1003.02; 1003.32; 1006.07(2)(m), (6); 1006.1494; 1012.32; P.L. 106-554, Children’s Internet Protection Act of 2000; 47 U.S.C. 254(h),(1), Communications Act of 1934, as amended; 20 U.S.C. 6801 et seq., Part F, Elementary and Secondary Education Act of 1965, as amended; 20 U.S.C. 6777, 9134; 18 U.S.C. 2256; 18 U.S.C. 1460; 18 U.S.C. 2246; 47 C.F.R., Part 54; F.A.C. 6A-1.0955.

To Amend Board Policies 0133, Quasi-Judicial Proceedings and 5610, Suspension and Expulsion of Students, to align with Florida Statutes, Florida Board of Education Rules, and District practices. The proposed amendments to Board Policies 0133, Quasi-Judicial Proceedings and 5610, Suspension and Expulsion of Students, align with the most updated statutory requirements related to Zero Tolerance including the Board’s authority to modify a student’s expulsion if it is deemed to be in the best interest of the student and school district. The amendments clarify students’ due process rights as they relate to suspension, expulsion, and administrative assignments. The proposed amendments align current District practices as well as the recent amendments to Board Policy 5500, Student Conduct and Discipline, as well as the Code of Student Conduct Elementary and Code of Student Conduct Secondary, incorporated by reference in Policy 5500.

Specific Authority: Fla. Stat. ss. 1001.41(1), (2).
Laws Implemented, Interpreted, or Made Specific: Fla. Stat. ss. 120.569; 120.57; 1002.20(4); 1003.01; 1003.02; 1003.32; 1003.57; 1006.07; 1006.08; 1006.09; 1006.13; F.A.C. 6A-6.03312; Chapter 28-106; 18 U.S.C. Section 921.

If requested, a hearing will be held during the August 16, 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 July 19, 2023. The policy will be effective upon filing with The School Board of Miami-Dade County, Florida on August 16, 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
6/26 23-48/0000670224M