Public Notice – Notice of Rulemaking – District Board of Trustees of Miami Dade College

The District Board of Trustees of Miami Dade College will hold its monthly meeting on  Tuesday, September 17, 2024.  The meeting will begin at 8:00 a.m.  The meeting will be held at the Wolfson Campus located at 300 NE 2nd Avenue,  Miami, Florida  in  the  James K. Batten Community Room (Room 2106) and via livestream at https://www.mdc.edu/livestream.

During the meeting, The District Board of Trustees will consider the amendment of the below Rules, pursuant to its authority as provided in Section 1001.64(4)(a), Florida Statutes.

RULE NO. RULE
TITLE		 LAWS
IMPLEMENTED		 RULE
SUMMARY
I-15 College Seal
  • Section 1001.64,Florida Statutes
 Deleted repealed State Board of Education Rule.
I-19 All Personnel: Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Guidelines
  • Sections 1001.64, 1006.50 and 1006.68, Florida Statutes
  • Rehabilitation Act of 1973 as amended
  • Americans with Disabilities Act of 1990 (ADA)
  • Civil Rights Act 1991
  • Civil Rights Act 1964 as amended
  • Americans with Disabilities Act Amendment Act (ADAAA) of 2008
 Updated references to Legal Authority.
I-20 Sexual Assault, Dating Violence & Stalking
  • Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act   (The “Clery Act”) as amended in 2008;
  • The Violence Against Women Reauthorization Act of 2013 (“VAWA”);
  • Section 485(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(F)) as amended;
  • Title VI, VII and VIII, 1964 Civil Rights Act;
  • Title IX Education Amendments of 1972 as amended;
  • Civil Rights Act of 1991;
  • Title IV of the Civil Rights Act of 1964 (Title IV), 42 U.S.C. §2000C-6;
  • Genetic Information Non-discrimination Act of 2008;
  • Sections 1000.05 & 1001.64, Florida Statutes;
  • State Board of Education Rules 6A-19.001 and 6A-19.010;
  • The Whistleblower Protection Enhancement Act of 2012;
  • The Whistleblower’s Act, Sections 112.3187-31895, Florida Statutes; and
  • Chapters 741, 784 & 794, Florida Statutes
 Added language.
I-25 Retention and Destruction of Records
  • Section 119.07 and 257.36, Florida Statutes
 Added and deleted language.
I-30 Waiver of Fees
  • Sections 446.021, 1007.27, 1007.271, 1009.23. 1009.25. 1009.26 and 1009.27, Florida Statutes
  • State Board of Education Rule 14.054, Florida Administrative Code
 Deleted repealed State Board of Education Rule.
I-30A Fees for College Credit by Examination and Evaluation of Specialized                   Non-Collegiate Instruction
  • Sections 1009.23, 1009.25 and 1009.26, Florida Statutes
  • State Board of Education Rule 6A-14.054, Florida Administrative Code
 Added and deleted language.
I-31 State Employe Tuition Waiver Program
  • Section 1009.265, Florida Statutes
 Added and deleted language.
I-32 Tuition and Out-of-State Fees
  • Section 1001.65, 1009.22 and 1009.23, Florida Statutes

 

 Deleted repealed State Board of Education Rule.
I-35 Refund of Student Fees
  • Sections 1001.64, 1001.65 and 1004.07, Florida Statutes

 

 Deleted repealed State Board of Education Rule.
I-42 Prohibition of Weapons on Campus
  • Sections 1001.64, 790.001, 790.052, 790.06, 790.115, 790.25 and 790.251, Florida Statutes
 Updated reference in Legal Authority.
I-50 Bookstore, Food and Vending Operations
  • Section 1001.64 and 1001.65, Florida Statutes

 

 Deleted repealed State Board of Education Rule.
I-72 Privacy Policy
  • Section 508 of the Rehabilitation Act of 1973 as amended
  • 29 U.S.C. 794d
  • The Family and Educational Privacy Act of 1974
  • Copyright Act of 1974
  • The Technology, Education and Copyright Harmonization Act of 2002 (“TEACH Act”)
  • State Board of Education Rules 6A-19.001 and 6A-19.010
  • Chapters 119 and 815, Florida Statutes
  • Section 1001.64, Florida Statutes
  • Controlling the Assault of Non-solicited Pornography and Marketing (CAN-SPAM) Act of 2023
 Updated reference in Legal Authority.
I-91 Report and Investigation of Fraud
  • Sections 1001.64 and The Whistle-blower’s Act, 112.3187 – 112.31895, Florida Statutes
  • State Board of Education Rules   6A-10.081, Florida Administrative Code:
  • The Whistleblower Protection Enhancement Act of 2012
 Updated reference in Legal Authority.
II-10A Professional Exempt Contractual Personnel:  Contracts
  • Section 1012.83, Florida Statutes
  • State Board of Education Rule 6A-14.041
 Deleted Language
II-17A Background Checks
  • Sections 1012.32 and 1001.64, Florida Statutes
 Added and deleted language.
II-19 Full-Time and Part-Time Instructional Personnel: Credentials
  • Section 1001.64, Florida Statutes
 Added and deleted language.
II-27 Full-Time Non-Instructional Personnel:  Vacation Leave
  • Section 1001.64, Florida Statutes
 Updated reference in Legal Authority.
II-28 All Personnel: Sick Leave
  • Sections 1001.64 and 1012.865, Florida Statutes
 Updated reference in Legal Authority.
II-30 All Personnel: Personal Leaves of Absence
  • Section 1001.64, Florida Statutes
  • Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601

 

 Updated reference in Legal Authority.
II-31 All Personnel: Military Leave for Training and Extended Active Duty
  • Sections 115.07, 115.08, 115.09 and 115.14
  • Uniformed Services Employment and Re-employment Rights Act (USERRA)
 Updated reference in Legal Authority and added Language.
II-33 All Personnel:Leave for Court Purposes
  • Section 1001.64, Florida Statutes
 Added Language.
II-35 All Full-Time Personnel: Holiday & Recess Periods
  • Sections 1001.64 and 1001.03, Florida Statutes
  • State Board of Education Rule 6A-10.019
 Added Language.
II-52 Salary Administration: Instructional/Contractual Personnel
  • Section 1001.64, Florida Statutes
 Added and deleted language.
II-54 All Personnel:  Voluntary Salary Deductions Personnel
  • Section 1001.64, Florida Statutes
  • State Board of Education Rule 6A-14.0716, Florida Administrative Code
 Deleted language.
II-79 All Full-Time Professional Exempt Contractual Personnel:  Administrative Hearings
  • Section 120.57, Florida Statutes
  • State Board of Education Rule 6A-14.0411
 Added and deleted language.
II-85 Full-Time  Non-Instructional Personnel: Educational Assistance Program
  • Section 1001.64, Florida Statutes
 Added and deleted language.
II-86 All Personnel: Drug/Alcohol Dependency
  • Sections 112.0455 and 1001.64, Florida Statutes
  • Rehabilitation Act of 1973 as Amended;
  • Americans with Disabilities Act (ADA) of 1990;
  • American with Disabilities Act Amendments Acts of 2008 (ADAAA) as under Legal Authority
 Updated reference in Legal Authority and added Language.
III-1 College Business Affairs
  • Section 1001.65, Florida Statutes
 Deleted repealed State Board of Education Rule.
III-10 Transfer of Funds Between Fund Groups
  • Section 1001.65, Florida Statutes

 

 Deleted repealed State Board of Education Rule.
III-11 Investment of College Funds
  • Sections 215.47, 218.415, 280.02, 1004.70, 1010.11 and 1011.85, Florida Statutes
  • State Board of Education Rules 6A-14.0765 and 6A-14.075, Florida Administrative Code
 Updated reference in Legal Authority and Language.
III-34 Receipt and Deposit of Funds
  • Sections 136.01, 280.02, 1004.70, 1010.02, 1011.85, Florida Statutes
  • State Board of Education Rules 6A-14.0722 and 6A-14.075, Florida Administrative Code
 Updated reference in Legal Authority
III-60 College Property; Receipt, Custody, Insurance and Control
  • Section 1001, Florida Statutes
  • State Board of Education Rule 6A-14.060, Florida Administrative Code
 Deleted repealed State Board of Education Rule.
III-70 Periodic Audits and Management Analyses
  • 1001.65 1010.33 and 1001.34, Florida Statutes
  • State Board of Education Rule 6A-14.060, Florida Administrative Code
 Deleted repealed State Board of Education Rule.
III-90 Deposit and Disbursement of Construction Funds
  • Sections 1011.84, 1013.40 and 1013.65, Florida Statutes
  • 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
 Deleted Language.
IV-5 Student Rights and Responsibilities
  • Sections 1002.21 and 1006.50, Florida Statutes
 Updated reference in Legal Authority
IV-6 Hazing Prohibited
  • Section 1001.64 and 1006.63, Florida Statutes
 Updated reference in Legal Authority
V-3 Construction Contract Documents and Submittals
  • Section 1013.47, Florida Statutes
  • State Board of Education Rule 6A-14.0061, Florida Administrative Code
  • State Requirements for Educational Facilities Section 4.3
 Updated reference in Legal Authority
V-23 Naming of College Facilities
  • Sections 1001.64 and 1011.32, Florida Statutes
 Updated reference in Legal Authority
VI-2 Bidding for Commodities and Services
  • Section 287.017, Florida Statutes
  • State Board of Education Rule 6A-14.0734, Florida Administrative Code
 Added and deleted language.
VI-4 Small Local Business Enterprises Initiative
  • Sections 288.703 and 1001.64, Florida Statutes
 Updated reference in Legal Authority
VI-12 Bids and Awards of Contracts for Construction, Remodeling Demolition or Maintenance of Educational Facilities
  • Sections 255.20 and 1013.45, Florida Statutes
  • State Requirements for Educational Facilities Section 4.2
 Added and deleted language.
VI-30 Contractual Agreements with Individuals or Organizations for Professional and Technical Services
  • Sections 287.012, 287.017, 1001.02, 1001.64, 1001.65 and 1010.02, Florida Statutes
  • State Board of Education Rule 6A-14.0734, Florida Administrative Code
 Deleted Language.
VII-1 Use of Computing Resources at Miami Dade College
  • The Family and Educational Rights and Privacy Act of 1974;
  • Copyright Act of 1976;
  • Florida Computer Crimes Act, Chapter 815, Florida Statutes;
  • Florida Sexual Predators Act, Section 775.21, Florida Statutes;
  • Florida Public Records Act, Chapter 119, Florida Statutes; and
  • Technology, Education and Copyright Harmonization Act of 2002 (“TEACH ACT”)
 Updated references in Legal Authority, and added and deleted Language.
VII-5 Miami Dade College Information Security Plan
  • The Family and Educational Rights and Privacy Act;
  • Copyright Act of 1976;
  • Florida Computer Crimes Act, Chapter 815, Florida Statutes;
  • Florida Public Records Act, Chapter 119, Florida Statutes; and
  • Gramm-Leach-Bliley Act, 1999, 15 U.S.C. Section 6801, et seq.
 Updated references in Legal Authority, and added and deleted Language.
VIII-3 Objectives: Curriculum and Instruction
  • Sections 1001.03 and 1008.30, Florida Statutes
  • State Board of Education Rules 6A-14.030, Florida Administrative Code
 Updated references in Legal Authority
IX-1 College Libraries – Campuses
  • Section 1001.65, Florida Statutes
 Added Language
IX-5 Library Privileges for Retired Miami Dade College Employees
  • Section 1001.65, Florida Statutes
 Added Language

AMENDMENT TEXTS AND PUBLIC HEARING REQUEST:
To  request  copies  of  the  proposed  amendments  or  to  request  a public  hearing, contact  Nanette C. Orange, Paralegal, at  Office  of  Legal Affairs,  Miami Dade College 300 N.E. 2nd Avenue, Room 1453, Miami, Florida 33132 or legal@mdc.edu within 21 days of this Notice.

APPROVED BY:
Madeline Pumariega – College President
Malou C. Harrison, Ph.D. – Executive Vice President and Provost

At the meeting, The Board of Trustees may also discuss potential real estate transactions.

If a person decides to appeal any decision made 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 American with Disabilities Act who wish to attend the meeting and need special accommodations can request them by calling 305-237-2577 or 711 (Relay Service) not later than 7 business days prior to the meeting.

Dated this 20th day of August 2024

Madeline Pumariega
College President

Publication of this Notice on the 20th day of August 2024