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.
 

0130 - FUNCTIONS

0131

Legislative

   
 

The School Board is the policy making body for the District. After considering recommendations submitted by the Superintendent, the Board shall adopt bylaws and policies for the organization and operation of the Board and efficient operation and general improvement of the District.

   
 

F.S. 1001.41

   
 

Adopting Policies

   
 

The adoption, modification, repeal, or suspension of a Board bylaw or policy shall be recorded in the minutes of the Board. All bylaws and policies shall be printed in the policy manual. The Board may determine policy matters governed by permissive law, but not those governed by mandatory law. No policy can conflict with State law or with State Board of Education rules. Any policy or part of a policy that is superseded by a term in a collective bargaining agreement shall no longer be in force and effect as a policy.

   
 

Board adoption of policies or revisions to policies shall be pursuant to Florida statutes.

   
 

F.S. 120.536(1), 120.54 of the Administrative Procedure Act.

   
 

These policies may be amended, repealed, or a new policy adopted. The term "rule" does not include "curricula by an educational unit" so that the development or prescription of curriculum is not subject to the procedural requirements established for policy making. As used in this document, the term "rule" and "policy" shall have the same meaning.

 

A policy may incorporate material by reference, but only as the material exists on the date the policy is adopted. For purposes of the policy, changes in material are not effective unless the policy is amended to incorporate the changes. Material incorporated by reference in a policy may not incorporate additional material by reference unless the policy specifically identifies the additional material.

   
 

F.S. 120.54(1)(i)(1)

   
 

A District policy that incorporates by specific reference another policy of the District automatically incorporates subsequent amendments to the referenced policy, unless a contrary intent is clearly indicated in the referencing policy. Any notice of amendments to a policy that has been incorporated by specific reference in other policies of the District must explain the effect of the amendments on the referencing policies.

   
 

F.S. 120.54(1)(i)(2)

   
 

Unless an emergency exists, any proposal relating to a policy amendment, the repeal of any policy, or the adoption of a new policy shall be presented in writing to the Board including a written explanation of the proposal.

   
 

A.

The Superintendent shall give immediate and proper written notice to the public pursuant to Florida law when the Board has determined that it will consider a proposed policy for adoption, amendment, or repeal. The notice of a public hearing shall be advertised twenty-one (21) days prior to the date of the hearing. The notice shall include a brief and concise explanation of the proposed policy's purpose and effect, the estimate of economic impact to all individuals affected by the proposed policy or policy revision of an existing policy, the legal authority for the Board's action, and the location where the text of the proposed revision to current policy or new policy may be obtained.

 

B.

Any person who is affected by a proposed policy, policy revision, or the repeal of a policy, may within twenty-one (21) days following notice of intent to adopt or repeal such policy, file a written request with the Superintendent seeking a hearing and administrative determination as to the validity of the proposed action. The person requesting to be heard will be permitted to present evidence and argument at the final reading of the proposed Board rule action. Any relevant material submitted within twenty-one (21) days of the published notice shall be considered by the Board and made part of the record. Persons requesting to present evidence or argument shall be given fifteen (15) minutes.

     
 

C.

The Board shall give notice at least twenty-eight (28) days prior to the adoption, repeal, or amendment of a rule.

     
 

D.

The Superintendent shall file immediately in his/her office a copy of any new policy, policy revision, or repealed policy adopted by the Board. Policy handbooks and manuals shall be amended accordingly.

     
 

E.

Such policies shall become effective upon adoption by the Board unless another date is specified.

   
 

F.S. 11.242

   
 

Any person affected by an existing policy may petition the Division of Administrative Hearings, Florida Department of Administration, to conduct a hearing on the validity of the policy pursuant to Florida statues. Any hearing examiner's decision which is adverse to the Board may, upon the Board's appeal, be judicially reviewed. Any hearing examiner's decision which is adverse to the person substantially affected may, upon that person's appeal, be judicially reviewed.

 

The Board may determine that the public health, safety, or welfare is endangered and that immediate action is required to protect the public interest. When this occurs, the Board, at any meeting in which a quorum is present, may by a majority vote, amend or suspend Board policies and procedures and adopt emergency policies, without complying with the waiting period as provided in "A" above for public hearings and other similar requirements. The Superintendent shall properly record the effective date for any such emergency policy. Any emergency policy shall not be valid in excess of ninety (90) days from the adoption or effective date.

   
 

F.S. 120.54(4)

   
 

Any Board employee, citizen, or agency may obtain information relating to the method for proposing a policy or may submit a policy proposal to the Superintendent's office.

   
 

The Board policies shall also be accessible to the public on the District's website.

   
 

F.S. 120

   

0131.1

Technical Corrections

   
 

The Superintendent is authorized to review policies and make technical corrections to policies that have already been adopted through normal rulemaking procedures. These technical corrections may include corrections or additions for grammatical or typographical errors not affecting the construction or meaning of the policy.

   
 

F.S. 11.242

   

0132

Executive

   
 

Pursuant to State law, the School Board exercises its executive power through the appointment of the Superintendent, legal counsel, Chief Auditor, and Inspector General.

 

The Superintendent shall be the executive officer of the Board, who shall advise and counsel with the Board on all educational matters and recommend to the Board such matters as should be acted upon.

   
 

F.S. 1001.46, 1001.461, 1001.50
Section 5, Article IX, State Constitution

   
 

The Superintendent shall distribute in electronic form copies of the bylaws, policies, and regulations and copies of amendments to the School District employees, affected persons and organizations, and the public.

   
 

The Superintendent shall be delegated the authority to take necessary action in circumstances not provided for in policy, provided that the action shall be reported to the Board at the next meeting.

   
 

The Superintendent, in cases of emergencies affecting health, safety, and welfare, may suspend any part of these policies, and/or procedures, provided that the Superintendent shall report the fact of and the reasons for such suspension at the next meeting of the Board and provided further that the suspension shall expire at that time unless continued in effect by the Board.

   
 

The Superintendent shall be delegated the authority to enter into written contracts or agreements with other public or private organizations under the following conditions:

   
 

A.

Contracts/Agreements shall be for a valid school purpose.

     
 

B.

All costs and expenses in connection with contracts/agreements shall be paid from internal accounts, grants, or other authorized funding sources.

     
 

C.

Contracts/Agreements shall not conflict in any respect with Federal, State, or local law or policy, or Board policy.

     
 

D.

Contracts/Agreements shall be made in the name of the Board, and shall be executed and delivered by the Superintendent according to the administrative procedures established by the Superintendent.

0133

Quasi-Judicial

   
 

The School Board may assume jurisdiction over any dispute or controversy arising within the District and concerning any matter in which authority has been vested in the Board by statute, contract, or policy. The Board shall act as final appeal in the resolution of all matters of dispute within the school system including personnel due process hearings, student expulsions and alternative education assignments, bid protests and charter school contract terminations and nonrenewals. These appeals shall appear on the agenda in order to be adjudicated by the Board.

   
 

Due Process Hearings

   
 

This section provides the due process request procedures for adjudicatory proceedings in which the Board is a party.

   
 

A.

Filing Timelines

     
   

All parties entitled to a hearing under a collective bargaining agreement may file a request according to the rules and time limits in the agreement. Failure to file a timely request shall be deemed a waiver of the right to a hearing.

     
   

Students and parents/guardians of students recommended for expulsion or alternative educational assignment shall file a request for hearing within fifteen (15) calendar days of the date of the notice of disciplinary action. Failure to file a timely request shall be deemed a waiver of the right to a hearing.

     
   

Parents or guardians of students requesting a hearing on identification, evaluation, placement, or the provision of a free appropriate public education to exceptional education students shall proceed according to the procedural safeguards in Policy 2460.

   

A notice of bid protest shall be filed within seventy-two (72) hours after the posting of the bid tabulation or receipt of notice of the Boardís decision or intended action. A formal petition must be filed within ten (10) days after filing the notice of protest. Saturdays, Sundays, and legal holidays shall be excluded in the computation of the seventy-two (72) hour time period. Failure to file a timely petition shall be deemed a waiver of the right to a hearing.

     
   

A request for a hearing to appeal a ninety (90) day charter contract termination or non-renewal must be filed by the charter school governing board within fourteen (14) calendar days after receiving the notice of termination. A request for a hearing to appeal an immediate termination must be filed within ten (10) calendar days. Failure to file a timely request shall be deemed a waiver of the right to a hearing.

     
 

B.

Filing Requirements

     
   

All requests for hearings must be in writing and filed with the Clerk of the Board.

     
   

Requests for hearings on student expulsions and alternative educational assignments will be granted or denied within fifteen (15) calendar days of receipt. A request may be denied if it is untimely or fails to meet filing requirements.

     
   

Requests for all hearings, including student expulsions, alternative education assignments, employee disciplinary matters, formal petitions for bid protests, and charter contract terminations and nonrenewals must contain:

     
 

1.

name and address of the petitioner;

   

2.

explanation of substantial interests that will be affected by the Boardís action;

   

3.

statement of when and how petitioner received the notice of the Board decision;

   

4.

statement of disputed issues of material fact; if there are none, the request must state that there is no disputed issue of material fact;

 

5.

a concise statement of the ultimate facts alleged, and the rules, regulations, statutes and constitutional provisions which entitle the petitioner to relief; and

   

6.

a description of the relief requested.

     
   

Hearing requests that do not comply with these conditions are subject to dismissal for lack of legal sufficiency.

     
 

C.

Proceedings

     
   

When a request for hearing is made, unless the Board determines that it is not timely or does not meet the filing requirements, the Board shall forward the request and all accompanying materials to the Division of Administrative Hearings and shall notify all parties of its action.

     
 

1.

Employee discipline

   
 

Hearings on employee disciplinary matters shall be conducted according to the appropriate collective bargaining agreement.

   

2.

General student expulsion and alternative education assignment

   
 

Hearings on student expulsions and alternative education assignments shall be conducted by an Administrative Law Judge assigned by the Division of Administrative Hearings pursuant to F.S. Chapter 120.

   

The Board shall provide a court reporter but the cost of preparing the hearing transcript shall be the financial responsibility of the party requesting the transcript. Students and parents who cannot afford a hearing transcript may petition the Board to pay the cost of the transcript by filing an affidavit stating that the student participates in or is eligible for the Board's free and reduced meal program. If the student is not eligible for the free and reduced meal program, the student or parent must provide an insolvency affidavit that identifies the members of the household, the total wages, benefits, or other income received by all members of the household, and the time period in which those resources are received. The Board Clerk shall verify and certify that the student is indigent according to applicable guidelines. Upon certification, the Board Attorney shall order and pay the costs of the transcript. A denial of certification may be reviewed by the Superintendent whose decision shall be final.

   
 

Following the assignment of an Administrative Law Judge, the Board shall file a Notice of Specific Charges that contains:

   
 

a.

name of student;

   

b.

explanation of how the student will be affected by the Boardís action;

   

c.

statement of when and how the School Board delivered its notice of disciplinary action to student or studentís parent;

   

d.

a concise statement of material facts, disputed or otherwise;

     

e.

rules, regulations, statutes and/or constitutional provisions that the Board is relying upon; and

   

f.

demand for relief.

   

Within ten (10) business days of the date of the notice, the student or parent may submit a written answer to the Notice of Specific Charges challenging the Boardís action. The Board may submit a written response to any written answer filed by the student or parent.

   
 

The recommended order issued by the Administrative Law Judge shall be submitted to the Board within fifteen (15) calendar days of the hearing unless another date is agreed upon.

   

3.

Students with disabilities

   
 

Hearings on students with disabilities, including disciplinary action, shall be conducted by an Administrative Law Judge assigned by the Division of Administrative Hearings.

   

4.

Bid protests

   
 

Hearings on bid protests shall be conducted by an Administrative Law Judge assigned by the Division of Administrative Hearings pursuant to F.S. Chapter 120.

   
 

Following receipt of a formal written bid protest, and prior to forwarding it to the Division of Administrative Hearings, the Board shall provide an opportunity to resolve the protest within seven (7) days, excluding Saturdays, Sundays and legal holidays.

     

5.

Charter contract terminations and non-renewals

   
 

Hearings on charter contract terminations and non-renewals shall be conducted by an Administrative Law Judge assigned by the Division of Administrative Hearings pursuant to F.S. Chapter 120. For ninety (90) day terminations and non-renewals, the hearing must take place within sixty (60) days after receipt of a request for hearing. For immediate terminations, the hearing must take place and a final order issued within sixty (60) days.

     
 

6.

Other Due Process Requests and Appeals

     
   

Other types of cases may be referred to the Division of Administrative Hearings as specifically authorized in any other Board policy.

 

D.

Ex Parte Communications

     
   

Pursuant to F.S. 120.66, ex parte communications to the Board related to the merits of any dispute governed by this policy are prohibited beginning when the Board receives the Recommended Order from the Division of Administrative Hearings or the local hearing officer, until the Board issues a Final Order. If a Board member receives an ex parte communication in violation of this provision, the process in F.S. 120.66(2) shall be followed.

     
 

E.

Exceptions

     
 

1.

For due process hearings involving students with disabilities, no exceptions are allowed. For all other hearings governed by this policy, any party may submit written exceptions to the hearing officerís recommended order within fifteen (15) calendar days of the date of the recommended order. For bid protests, exceptions must be filed within ten (10) calendar days. Failure to timely file exceptions shall constitute an acceptance of all portions of a recommended order to which exceptions have not been filed. Any party may file a written response to any exceptions filed within ten (10) calendar days from the date the exceptions were served. These timelines may be shortened for charter contract terminations and non-renewals unless the parties agree to extend the statutory deadline for issuance of a final order.

   

2.

All portions of the record, including the transcript and proposed final orders must be filed with any exceptions.

   

3.

A written request for oral argument must be filed at least seven (7) days prior to the meeting during which the Board will consider the exceptions. If oral argument is timely requested, each party shall be provided ten (10) minutes at the Board meeting to argue the exceptions.

     
 

F.

Options Concerning Recommended Orders

     
 

1.

The Board may adopt the recommended order as the final order of the Board.

 

2.

The Board may reject or modify the conclusions of law and interpretations of administrative rules over which it has substantive jurisdiction.

   

3.

The Board may not reject or modify the findings of fact contained in the recommended order unless the Board first determines from a review of the complete record and states with particularity in the order that the evidence or that the proceedings on which the findings were based did not comply with the essential requirements of the law.

   

4.

The Board may accept the recommended order but may not substantially modify or alter it without a review of the complete record. If the Board substantially alters or modifies the recommended order, it must state with particularity its reasons for doing so and cite to the record to justify the action.

   

5.

The Board's decision shall be based solely on the record and no Board member shall consider any matter not contained in the record as a basis for deciding the case.

     
 

G.

Final Order

     
 

1.

The final order must be in writing and include any findings of fact and conclusions of law separately stated.

     
 

2.

If exceptions are heard, the final order must explicitly rule on each exception. The Board is not required, however, to rule on an exception that does not clearly identify the disputed portion of the recommended order by page number or paragraph, that does not identify the legal basis for the exception or that does not include appropriate and specific citations to the record.

     

3.

The Board member presiding over the meeting at which the order is adopted shall execute the final order.

   

4.

Each final order shall contain a statement that judicial review is available under F.S. 120.68 within thirty (30) calendar days of the rendition of the final order.

 

Indexing, Management, and Availability of Final Orders

   
 

All final orders and a current subject-matter index identifying all final orders shall be made available for public inspection and copying, at no more than cost.

   
 

All final orders issued pursuant to F.S. 120.569, 120.57 (1), (2), and (3), shall be indexed and maintained in accordance with this policy and Florida law.

   
 

All final orders shall be sequentially numbered as rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with number 1 of each new calendar year. The assigned designation prefix, which is "MDCPS", shall precede the two-part number.

   
 

A.

System for Indexing Final Orders

     
 

1.

The index shall be alphabetically arranged by main subject headings. The applicable subject of the action construed within the final order shall determine the main subject headings and subheadings in the index. Main subject headings shall be all capital letters and shall be flush left on the page followed by relevant subheadings which shall be initial caps and lower case letters indented. Subheadings and sub-subheadings at equal indentations shall be alphabetized. The numbers of the final orders shall be listed sequentially in an indentation immediately below the applicable subheading. Cross references shall be used to direct the user to subject headings which contain the relevant information. Related key words (specific words, terms, and phrases) and common and colloquial words shall be listed and cross referenced to the appropriate main subject headings.

   

2.

The main subject headings to be used in the index are as follows:

   
 

a.

BID PROTESTS

   

b.

BUSINESS SERVICES

   

c.

EMPLOYEES

 

d.

HEARING DENIALS

   

e.

PROCEDURE

   

f.

STUDENTS

     

3.

The main subject headings shall be consulted by the Board Clerk and subsequent similar entries shall be indexed under the existing appropriate heading. The index shall be cumulative and shall be updated and made accessible to the public at least every 120 days. New main subject headings will be added when necessary. The index shall be cumulative for one (1) calendar year.

   

4.

The Clerk of the Board shall index all final orders.

     
 

B.

Maintenance of Records

     
   

All final orders that comprise final Board action and that must be indexed pursuant to this rule shall be permanently maintained by the Board pursuant to the retention schedule provided by law Department of State, Division of Library and Information Services.

     
 

C.

Plan

     
 

1.

The Board shall make final orders accessible and available to the public by sequentially numbering and indexing all final orders. The Board shall make the final orders and subject matter index available to the public.

   

2.

The Board Clerk shall assist the public in obtaining information pertaining to final orders.

     

3.

The system or process used by the Board Clerk to search and locate all final orders is as follows:

   
 

a.

The Clerk shall enter into a computer all final orders according to subject matter.

 

b.

The Clerk shall search and locate final orders by consulting main subject headings, subheadings, and sub-subheadings. The Clerk shall then locate the requested final order which will be filed sequentially by final order number and housed in the office of the Board Clerk.

     

4.

The Board maintains and stores the final orders and index in the office of the Board Clerk located in the Board Administration Building, 1450 N.E. 2nd Avenue, Miami, Florida 33132. The office of the Board Clerk is open to the public between the hours of 8:00 a.m. and 4:30 p.m., excluding holidays and weekends.

   
 

F.S. 120.53, 120.569, 120.57, 1006.07, 1012.22, 1012.34

   
 

Revised 11/22/11
Revised 3/9/16

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