The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.

0120 - POWERS


Responsibilities and Authority of the Board


The School Board is responsible for the operation, control, and supervision of all public schools within Miami-Dade County and is empowered to determine the policies necessary for the effective operation and general improvement of the school system. The Board is established by the Florida Constitution and Florida statutes.


5.4(6), Article IX, Florida State Constitution


F.S. 1001.40



Financial Emergencies


When a financial emergency, as defined by F.S. 218.503(1), occurs, the School Board shall notify the Commissioner of Education and the Legislative Auditing Committee that such conditions have occurred, or will occur if action is not taken to assist the Board.


The Commissioner of Education shall contact the Board to determine what actions have been taken by the Board to resolve or prevent the condition. The Board shall provide the information requested within forty-five (45) days of the date of the request.


The Commissioner of Education shall determine whether the Board needs state assistance to resolve or prevent the condition. If State assistance is needed, the Board is considered to be in a state of financial emergency, and the Commissioner has the authority to implement measures as set forth in State law to assist the Board in resolving the financial emergency.


The failure of the members of the Board to resolve a state of financial emergency would constitute malfeasance, misfeasance, and neglect of duty, and the members of the Board may be subject to the penalties set in forth Article IV, Section 7 of the Constitution of the State of Florida.


F.S. 218.39, 218.50, 218.501, 218.503, 218.504


Adopted 6/18/14



Board Powers


The School Board shall be a body politic and corporate, capable of suing and being sued; contracting and being contracted with; acquiring, holding, possessing, and disposing of real and personal property; taking and holding in trust for the use and benefit of the District any grant or devise of land and any donation or bequest of money or other personal property.


F.S. 1001.41, 1001.42, 1001.43


The general powers of the Board are the determination of educational policies; the adoption of such rules and regulations to supplement those prescribed by the State Board as will contribute to the more orderly and efficient operation of the school system; the determination of minimum standards; and the performance of any duties that are assigned to it by law or by State Board regulations and that are found by it to be necessary for the improvement of the school system in carrying out the purposes and objectives of the Florida Constitution and Florida statutes.


The Board shall perform all duties found in Florida statutes and shall provide educational opportunity as required.


F.S. 1000.41, 1001.42



Member Powers


School Board members as individuals do not separately possess the powers that reside in the Board. Board members shall have authority only when acting as a Board legally in session. The Board shall not be bound in any way by any statement or action on the part of any individual Board member, except when such statement or action is pursuant to specific official instructions of the Board.



Standards of Ethical Conduct


School Board members must have a sincere desire to serve the educational needs of the community. Decisions must be based on the best interests of students and not on political or personal interests.


Pursuant to F.S. 1001.42(7), a Board member may not knowingly sign and transmit to any State official a report of alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student which the Board member knows to be false or incorrect. Violation of this provision will result in the forfeit of the Board member's salary for one (1) year.


F.S. 112.313, 1001.42(6), 1012.23
F.A.C. 6B-1.001, 6B-1.006

© Neola 2012