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Public Notice - Notice of Rule Changes-District Board of Trustees- Miami Dade College

Miami, June 17, 2011 - The Miami Dade College District Board of Trustees will hold its regularly scheduled meeting on Tuesday, July 19, 2011 at the College’s Wolfson Campus, which is located at 300 N.E. 2nd Avenue, Miami. The meeting will be held in Room 2106 (James K. Batten Community Room), and will begin at 8:00 a.m.

During the meeting, a Public Hearing will be held on the amendment of Rules as described below. These actions are taken to conform with the requirements of Florida Statute 120.74 which requires that the College review its rules on a biennial basis and 1) repeal Rules which have become obsolete; 2) amend Rules as required to reflect current practice or comply with Statutory regulations; and, 3) adopt new Rules where a Rule deficiency is found.

AMENDMENTS TO RULES

PolicyRule TitleLegal AuthorityReasons for Amendment
I -1Administration and Organization of Miami Dade College Policy Manual ApprovalF.S. 1001.61
F.S. 1001.64
F.S. 1001.65
Revised to reflect Statutory changes
I - 19All Personnel:Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) GuidelinesF.S. 1001.64(3)(b) & (18), 1006.50 and 1006.68;
Rehabilitation Act of 1973 As Amended;
Americans with Disabilities Act of 1990; Civil Rights Act 1991; Civil Rights Act 1964 as amended;
Americans with Disabilities Act ;  Amendment Act of 2008
Revised to reflect updated references
I - 21Equal Access/Equal OpportunityF.S. 1000.05 and 1001.64;
Title VI, VII and VIII, 1964 Civil Rights Act; Title IX, Education Amendments;
Section 504, 1973 Rehabilitation Act; Americans with Disabilities Act of 1990; Americans with Disabilities Act Amendments of  2008; State Board of Education Rules  6A-19.001 and 6A-19.010;
Civil Rights Act of 1991; Genetic Information Non-Discrimination Act of 2008
Added specific language required by changes to Federal law
I - 30Waiver of FeesF.S. 446.021, 1007.27, 1009.25, 1009.26, 1007.271, 1009.23 and 1009.27;
State Board of Education Rules  6A-10.045, 14.0261 and 14.054, Florida Administrative Code
Revised to reflect additional legal references
I - 30AFees for College Credit by Examination and Evaluation of Specialized Non-Collegiate InstructionF.S. 1009.23, 1009.25, and
F.S. 1009.26;                                 
State Board of Education Rule  6A-14.054,
Florida Administrative Code
Added and deleted language for clarification
I - 31State Employee Tuition Waiver ProgramF.S. 1009.265Deleted language for clarification
I - 32Tuition and Out-of-State FeesF.S. 1001.65, 1009.22, and 1009.23;
State Board of Education Rule  6A-14.0261, Florida Administrative Code
Revised to reflect additional legal references
I - 33Academic CalendarF.S. 1001.65;
State Board of Education, Rule 6A-10.019, Florida Administrative Code
Added language for clarification
I -35Refund of Student FeesF.S. 1001.64, 1001.65 and 1004.07;
State Board of Education Rule 6A-14.021, Florida Administrative Code
Revised to reflect additional legal references
I - 50Bookstore, Food and Vending OperationsF.S. 1001.64 and 1001.65; State Board of Education Rule 6A-0261, Florida Administrative CodeRevised to reflect additional legal references
I - 91Report and Investigation of FraudF.S. 1001.64 &  112.3187;
State Board of Education Rules  6B-1.001 and 6B-1.006, Florida Administrative Code
Deleted language for clarification
II - 2All Personnel: Personnel Actions and Levels of AppealF.S. 1001.64 and 1012.855;
State Board of Education Rules 6A-14.041, 6A-14.0411 and 6A-14.047, Florida Administrative Code
Added and deleted language for clarification
II - 8Full-Time Professional Exempt Contractual, Professional Exempt Non-Contractual and Support Non-Exempt Personnel:  Defining the WorkweekF.S. 1001.64Added and deleted language for clarification
II - 12All Personnel:  ExaminationsF.S. 1001.64Added and deleted language for clarification
II - 14Full-Time Professional Exempt  Non-Contractual and Support Non-Exempt Personnel: Probation and DismissalF.S. 1001.64;
COBRA
Added and deleted language for clarification
II -17ACriminal Background Check and FingerprintingF.S. 1012.32
F.S. 1001.64
Added language to comply with State statutes
II - 18Full-Time Personnel: Outside EmploymentF.S. 112.313Added language for clarification
II - 19Full-Time and Part-Time Instructional Personnel: CredentialsF.S. 1001.64Added language for clarification
II -19AAll Full-Time Personnel:  New Employee OrientationF.S. 1001.64Added and deleted language for clarification
II - 20All Personnel:  Candidates for Public OfficeF.S. 112.313
F.S. 1001.64
Revised to increase notification period for intent to run for public office from 10 to 20 days
II - 23All Personnel: Conflict of Interest and Code of EthicsF.S. Chapter 112Added language for clarification
II - 27Full-Time Non-Instructional Personnel:  Vacation LeaveF.S. 1001.64(18)Added language for clarification
II - 28All Personnel: Sick LeaveF.S. 1001.64(18)
F.S. 1012.865
Added language for clarification in accordance with County Ordinance
II - 29Voluntary Leave DonationsF.S. 1001.64
F.S. 1012.865
Added language for clarification
II - 31All Personnel: Military Leave for Training and Extended Active DutyF.S. 115.07, 115.08, 115.09 & 115.14;
State Board of Education Rule  6A-14-0432,
Florida Administrative Code;
Uniform Services Employment and Re-employment Rights Act
Added and deleted language for clarification to comply with recent statutory changes
II - 51Salary Administration: 
Professional Exempt Contractual/ Professional Exempt Non-Contractual/ Support  Non-Exempt
F.S. 1001.64
F.S. 1001.65
Added and deleted language for clarification
II-51A
/II-52A
All Personnel:  Individual Retiree Health Benefit SubsidyF.S. 1001.64Added language for clarification
II - 52Salary Administration: Instructional Contractual PersonnelF.S. 1001.64Added and deleted language for clarification
II - 71All Full-Time Non-Instructional Personnel: Performance Standards and Grievances/AppealsF.S. 1001.64Added and deleted language for clarification
II- 74All Full-time Personnel: Assignment to Programs Funded by Other than County and State FundsF.S. 1001.64
F.S. 1012.83
Added language for clarification
II - 82All Full-Time Personnel:  Employee RetirementF.S. Chapter 121
F.S. 1001.64
Added language for clarification
II - 83All Personnel:  Worker’s Compensation LawF.S. Chapter  440
F.S. 1001.64
Added language for clarification
II-84AAll Personnel: Terminal Leave Payment ProgramF.S. 1001.64Added language for clarification
II - 85Full-Time Non-Instructional Personnel: Educational Assistance ProgramF.S. 1001.64Added language for clarification
II-86All Personnel: Drug/Alcohol DependencyF.S. 112.0455 and 1001.64(3)(6);
Rehabilitation Act of 1973 as Amended; Americans with Disabilities Act of 1990; American with Disabilities Act Amendments Acts of 2008 as under Legal authority
Added and deleted language for clarification
III - 1College Business AffairsF.S. 1001.65;
State Board of Education Rule 6A-14.0261, Florida Administrative Code
Revised to reflect additional legal references
III - 4Employee BondF.S. 255.05
F.S. 1010.07
Added and deleted language for clarification
III-10Transfer of Funds Between Fund GroupsF.S. 1001.65;
State Board of Education Rule 6A-14.0261, Florida Administrative Code
Revised to reflect additional legal references
III -11Investment of College FundsF.S. 215.47, 218.415, 280.02, 1004.70, 1010.11, and 1011.85(8)-(10);
State Board of Education Rules 6A-14.075 and 6A-14.0765, Florida Administrative Code
Revised to reflect additional legal references
III-15Electronic Transfer of FundsF.S. 668
F.S. 1010.11
Added and deleted language for clarification; Revised to reflect additional legal reference
III - 34Receipt and Deposit of FundsF.S. 136.01, 280.02, 1004.70, 1010.02 and 1011.85(8)-(10);
State Board of Education Rules 6A-14.072 and 6A-14.075, Florida Administrative Code
Revised to reflect additional legal references
III - 60College Property:  Receipt, Custody, Insurance and ControlF.S. 1001.65;
State Board of Education Rules 6A-14.0261 and 6A-14.060, Florida Administrative Code
Revised to reflect additional legal references
III - 70Periodic Audits and Management AnalysesF.S. 1001.65, 1010.33 and 1010.34;
State Board of Education Rules   6A-14.0261 and 6A-14.060, Florida Administrative Code
Revised to reflect additional legal references
III - 90Deposit and Disbursement of Construction FundsF.S. 1011.84, 1013.40 and 1013.65;
State Board of Education Rules 6A-14.072,6A-14.075 and 6A-14.0764, Florida Administrative Code; State Requirements for Educational Facilities Section 2.1
Revised to reflect Statutory changes and additional legal references
III - 90Deposit and Disbursement of Construction FundsF.S. 1011.84, 1013.40 and 1013.65;
State Board of Education Rules 6A-14.072,6A-14.075 and 6A-14.0764, Florida Administrative Code;
State Requirements for Educational Facilities Section 2.1
Revised to reflect Statutory changes and additional legal references
IV - 20Student Evaluation RecordsF.S. 1002.22Added language for clarification
IV - 90Student PublicationsF.S. 1001.64Revised to reflect Statutory changes
V - 3Construction Contract Documents and SubmittalsF.S. 1013.47;
State Board of Education Rules 6A-14.0061 and 6A-14.0261, Florida Administrative  Code; State Requirements for Educational Facilities Section 4.3
Revised to reflect additional legal references
V - 4Funds for Construction of FacilitiesF.S. 1013.60, 1013.61 and 1013.64;
State Board of Education Rules 6A-14.0764, Florida Administrative   Code;
State Requirements for Educational Facilities Section 2.1
Revised to reflect Statutory changes
V - 5Planning and Construction of Facilities and Property AcquisitionF.S. 1013.36 and 1013.40;
State Board of Education Rules 6A-14.0061, Florida Administrative   Code;
State Requirements for Educational Facilities Chapter 3
Revised to reflect additional legal references
V - 7Plan Review and Inspection of Documents, Submittals, and Construction ProjectsF.S. 1013.12, 1013.37, and 1013.38;
State Requirements for Educational Facilities Chapters 4 and 5
Revised to reflect additional legal references
V - 8Operations and Maintenance of College FacilitiesF.S. 1001.64 and 1013.12;
State Requirements for Educational Facilities Chapter 5
Revised to reflect additional legal references
V - 13Processes and Standards for Facilities ManagementF.S. 1001.64
F.S. 1001.65
Revised to reflect additional legal references
V - 20Contractor Payments and Project CloseoutF.S. 255.052, 715.12, and 1013.50;
State Requirements for Educational Facilities Section 4.2(3)
Revised to reflect additional legal references
V - 21Interim and Final Payments to Architects, Engineers, and Other Provider of Professional ServicesF.S. 287.055, 715.12, 1001.645 and 1013.50;
State Requirements for Educational Facilities Section 4.2(3)
Revised to reflect additional legal references
V - 24Use of  College FacilitiesF.S. 1001.65
F.S. 1013.10
Revised to reflect additional legal reference
V - 30Safety, Health and  SanitationF.S. 1001.65, 1013.12 and 1013.37;
State Requirements for Educational Facilities Chapters 4 and 5
Revised to reflect statutory changes;  Added additional legal references
VI - 2Bidding for  Commodities and ServicesF.S. 287.017;
State Board of Education Rule 6A-14.0734, Florida Administrative Code
Added and deleted language for clarification
VI - 6Prequalification of ContractorsF.S. 1001.64 and 1013.46;
State Requirements for Educational Facilities Section 4.1
Revised to reflect additional legal references
VI - 12Bids and Awards of Contracts for Construction, Remodeling, Renovation, Demolition or Maintenance of Educational FacilitiesF.S. 255.20 and 1013.45;
State Requirements for Educational Facilities Section 4.2
Added and deleted language for clarification
VI - 30Contractual Agreements with Individuals or Organizations for Professional and Technical ServicesF.S. 287.012, 287.017, 1001.02, 1001.64, 1001.65 and  1010.02;
State Board of Education Rule 6A-14.0734, Florida Administrative Code
Revised to reflect additional legal references;  Added language for clarification
IX-1College Libraries - CampusesF.S. 1001.65Added and deleted language for  clarification

 

The person to be contacted regarding the Rule changes is: Nanette C. Orange of the Office of Legal Affairs, Miami Dade College, and 300 N.E. 2nd Avenue, Miami, Florida 33132.

If requested within 21 days of this Notice, a hearing will be held at the time, date and place listed below.

8:00 a.m.
July 19, 2011

Room 2106
Miami Dade College
300 N.E. 2nd Avenue
Miami, Florida

If a person decides to appeal any decision made with respect to this or any other matter considered at this meeting, he or she will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be heard.

Individuals with disabilities as defined under the Americans with Disabilities Act who wish to attend the meeting and need special accommodations can request them by calling (305) 237-2090 or through the Florida Relay System (1-800-955-8771).

Dated this 9th day of June, 2011.

Eduardo J. Padrón
Secretary to the
District Board of Trustees

Publication of this Notice on 16th day of June, 2011




Miami Dade College is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award associate and baccalaureate degrees.
Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Miami Dade College.
Miami Dade College is an equal access/equal opportunity institution and does not discriminate on the basis of gender, race, color, marital status, age, religion, national origin,
disability, veteran’s status, sexual orientation, or genetic information. Contact the Office of Equal Opportunity Programs/ADA Coordinator, at 305.237.2577 for information.
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