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

Miami, June 17, 2013 - The Miami Dade College District Board of Trustees will hold its regularly scheduled meeting on Tuesday, July 16, 2013 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 9:00 a.m.

During the meeting, a Public Hearing will be held on the amendment or adoption 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

Policy

Rule Title

Legal Authority

Reason for Amendment

I-21

Equal Access/Equal Opportunity

F.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, Florida
Administrative Code;
Civil Rights Act of 1991;
Genetic Information
Non-Discrimination Act of
2008

Added  and deleted language
for clarification

I-30

Waiver of Fees

F.S. 446.021, 1007.27,
1007.271,1009.23,1009.25,
1009.26 and 1009.27;
State Board of Education
Rules 14.0261 and 14.054,
Florida Administrative Code

Revised to reflect State Board
of Education Rule change

I-42

Prohibition of Weapons on Campus

F.S. 1001.64, 790.001,
790.052, 790.06(12) and 790.251;
State Board of  Education Rule
6A-14.0261, Florida Administrative Code

Added language for clarification

I-44

Tobacco and              Smoke-Free College

F.S. 1001.64, 386.201,
386.204, 386.205, 386.209
and 386.212

Added and deleted language for clarification

I-71

Political Issues and Correspondence

F.S. 104.31
F.S. 1001.64

Revised to reflect additional legal reference

I-91

Report and Investigation of Fraud

F.S. 1001.64 and  112.3187;
State Board of Education Rules   6A-10.080 and          
6A-10.081, Florida Administrative Code

Revised to reflect State Board of Education Rule change

II-2

All Personnel: Personnel Actions and Levels of Appeal

F.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-14

Full-Time Professional Exempt  Non-Contractual and Support   Non-Exempt Personnel: Probation and Dismissal

F.S. 1001.64;
Consolidated Omnibus Budget
Reconciliation Act  (COBRA)

Added and deleted language for clarification

II-16

All Personnel:  Dismissal Covers All Positions

F.S. 1001.64

Added and deleted language for clarification

II-17A 

Criminal Background Check and Fingerprinting

F.S. 1012.32
F.S. 1001.64

Added and deleted  language for clarification

II-18

Full-Time Personnel: Outside Employment

F.S. 112.313

Added and deleted language for clarification

II-19

Full-Time and             Part-Time Instructional Personnel: Credentials

F.S. 1001.64

Added and deleted language for clarification

II-19A

All Full-Time Personnel:  New Employee Orientation

F.S. 1001.64

Added and deleted language for clarification

II-20

All Personnel:  Candidates for Public Office

F.S. 112.313
F.S. 1001.64

Added and deleted language for clarification

II-28

All Personnel: Sick Leave

F.S. 1001.64(18)
F.S. 1012.865

Added  and deleted language for clarification

II-29

Voluntary Leave Donations

F.S. 1001.64
F.S. 1012.865

Added and deleted  language for clarification

II-30

All Personnel: Personal Leaves of Absence

F.S. 1001.64(18);
Family and Medical Leave
Act of 1993 (FMLA);
29 U.S.C. 2611

Deleted language for clarification purposes already included in College procedure

II-31

All Personnel: Military Leave for Training and Extended Active Duty

F.S. 115.07, 115.08, 115.09 and 115.14;
State Board of Education Rule  6A-14.0432, Florida Administrative Code;
Uniform Services
Employment and                       
Re-employment Rights Act
(USERRA)

Deleted language for clarification purposes already included in College procedure

II-51

Salary 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 Subsidy

F.S. 1001.64

Policy title change; Added language for clarification

II-54

All Personnel:  Voluntary Salary Deductions: Instructional Contractual Personnel

F.S. 1001.64;
State Board of Education Rule
6A-14.0716, Florida
Administrative Code

Added language for clarification


II-71

All Full-Time           Non-Instructional Personnel: Performance Standards and Grievances/Appeals

F.S. 1001.64

Added language for clarification

II-80

All Full-time Personnel: Benefit Plans

F.S. 112.08
F.S. 1001.64

Added language for clarification

II-84A

All Personnel: Terminal Leave Payment Program

F.S. 1001.64

Policy title change; Added language for clarification

II-85

Full-Time Non-Instructional Personnel: Educational Assistance Program

F.S. 1001.64

Added language for clarification

II-86

All Personnel: Drug/Alcohol Dependency

F.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 language for clarification

IV-3

Student Organizations

F.S. 1001.65

Added and deleted language for clarification

IV-7

Student Notification of Alternatives to Traditional College Preparatory Instruction

F.S. 1004.93
F.S. 1007.263
F.S. 1008.30

Policy title change; Added and deleted language for clarification

IV-30

Standards of Academic Progress

F.S. 1001.65;
State Board of Education Rule       
6A-14.0301, Florida Administrative Code

Revised to reflect changes to legal references

IV-35

Student Appeal of Course Withdrawal and Forgiveness Limitations, Full Cost of Instruction Assessment, and an Appeal/Approval Process

F.S. 1009.28 and 1009.285;
State Board of  Education Rule
6A-14.0301, Florida
Administrative Code 

Added and deleted language for clarification

V-3

Construction Contract Documents and Submittals

F.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

Added language for clarification

V-7

Plan Review and Inspection of Documents, Submittals, and Construction Projects

F.S. 1013.12, 1013.37 and 1013.38;
State Requirements for
Educational Facilities
Chapters 4 and 5

Added language for clarification

V-8

Operations and Maintenance of College Facilities

F.S. 1001.64 and 1013.12;
State Requirements for
Educational Facilities Chapter 5

Added language for clarification

V-13

Processes and Standards for Facilities Management

F.S. 1001.64
F.S. 1001.65

Added language for clarification

V-21

Interim and Final Payments to Architects, Engineers, and Other Provider of Professional Services

F.S. 287.055, 715.12, 1001.65
and 1013.50;
State Requirements for
Educational Facilities Section
4.2(3)

Added and deleted language for clarification

VI-1

Guidelines for Selection of Professional Services

F.S. 287.055 and 1013.45;
State Requirements for Educational Facilities Section
4.1

Deleted language for clarification

VI-2

Bidding for  Commodities and Services

F.S. 287.017;
State Board of Education Rule 6A-14.0734, Florida Administrative Code

Added and deleted language for clarification

VI-30

Contractual Agreements with Individuals or Organizations for Professional and Technical Services

F.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

Added and deleted language for clarification

VIII-2

Accreditation

F.S. 1001.02

Added and deleted language for clarification

VIII-3

Objectives:  Curriculum and Instruction

F.S. 1001.03 and 1008.30;
State Board of Education Rules  6A-10.033 and
6A-14.030, Florida
Administrative Code

Added and deleted language for clarification; Revised to reflect State Board of Education Rule change

VIII-4

Advisory Committees for Workforce Education

F.S. 1001.64
F.S. 1001.65

Added and deleted language for clarification

VIII-5

Evaluation

F.S. 1001.65

Added and deleted language for clarification

VIII-30

Placement Testing

F.S. 1001.03
F.S. 1008.30

Added and deleted language for clarification

 

VIII-80

Graduation Requirements

F.S. 1001.02, 1001.03,
1001.64, 1007.22, 1007.23
, and 1007.25;
State Board of Education Rule
6A-14.030, Florida
Administrative Code

Added and deleted language for clarification;  Revised to reflect Statutory changes

IX-1

College Libraries - Campuses

F.S. 1001.65

Policy title change; Added and deleted language for clarification

IX-5

Library Privileges for Retired Miami Dade College Employees

F.S. 1001.65

Policy title change; Added and deleted language for clarification

 

NEW RULES

Policy

Rule Title

Legal Authority

Reason for Amendment

I-2

Substantive Change

F.S. 1001.64
F.S. 1001.65

Established to conduct an internal review process to comply with the substantive change policy of the College’s accrediting body, the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC)

II-11

Full-Time Faculty:  Contracts

F.S. 1001.64, 1012.83 and
1012.855;
State Board of Education Rule
6A-14.0411, Florida
Administrative Code

Established to comply with and reflect changes to State Board of Education Rule 6A-14.0411

 

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 16, 2013

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 14th day of June, 2013.

Eduardo J. Padrón
Secretary to the
District Board of Trustees

Publication of this Notice on the 17th day of June, 2013.




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.