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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

Policy Rule Title Legal Authority Reasons for Amendment
I -1 Administration and Organization of Miami Dade College Policy Manual Approval F.S. 1001.61
F.S. 1001.64
F.S. 1001.65
Revised to reflect Statutory changes
I - 19 All Personnel:Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Guidelines F.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 - 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;
Civil Rights Act of 1991; Genetic Information Non-Discrimination Act of 2008
Added specific language required by changes to Federal law
I - 30 Waiver of Fees F.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 - 30A Fees for College Credit by Examination and Evaluation of Specialized Non-Collegiate Instruction F.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 - 31 State Employee Tuition Waiver Program F.S. 1009.265 Deleted language for clarification
I - 32 Tuition and Out-of-State Fees F.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 - 33 Academic Calendar F.S. 1001.65;
State Board of Education, Rule 6A-10.019, Florida Administrative Code
Added language for clarification
I -35 Refund of Student Fees F.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 - 50 Bookstore, Food and Vending Operations F.S. 1001.64 and 1001.65; State Board of Education Rule 6A-0261, Florida Administrative Code Revised to reflect additional legal references
I - 91 Report and Investigation of Fraud F.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 - 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 - 8 Full-Time Professional Exempt Contractual, Professional Exempt Non-Contractual and Support Non-Exempt Personnel:  Defining the Workweek F.S. 1001.64 Added and deleted language for clarification
II - 12 All Personnel:  Examinations F.S. 1001.64 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;
COBRA
Added and deleted language for clarification
II -17A Criminal Background Check and Fingerprinting F.S. 1012.32
F.S. 1001.64
Added language to comply with State statutes
II - 18 Full-Time Personnel: Outside Employment F.S. 112.313 Added language for clarification
II - 19 Full-Time and Part-Time Instructional Personnel: Credentials F.S. 1001.64 Added 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
Revised to increase notification period for intent to run for public office from 10 to 20 days
II - 23 All Personnel: Conflict of Interest and Code of Ethics F.S. Chapter 112 Added language for clarification
II - 27 Full-Time Non-Instructional Personnel:  Vacation Leave F.S. 1001.64(18) Added language for clarification
II - 28 All Personnel: Sick Leave F.S. 1001.64(18)
F.S. 1012.865
Added language for clarification in accordance with County Ordinance
II - 29 Voluntary Leave Donations F.S. 1001.64
F.S. 1012.865
Added language for clarification
II - 31 All Personnel: Military Leave for Training and Extended Active Duty F.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 - 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 Added language for clarification
II - 52 Salary Administration: Instructional Contractual Personnel F.S. 1001.64 Added and deleted language for clarification
II - 71 All Full-Time Non-Instructional Personnel: Performance Standards and Grievances/Appeals F.S. 1001.64 Added and deleted language for clarification
II- 74 All Full-time Personnel: Assignment to Programs Funded by Other than County and State Funds F.S. 1001.64
F.S. 1012.83
Added language for clarification
II - 82 All Full-Time Personnel:  Employee Retirement F.S. Chapter 121
F.S. 1001.64
Added language for clarification
II - 83 All Personnel:  Worker’s Compensation Law F.S. Chapter  440
F.S. 1001.64
Added language for clarification
II-84A All Personnel: Terminal Leave Payment Program F.S. 1001.64 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 and deleted language for clarification
III - 1 College Business Affairs F.S. 1001.65;
State Board of Education Rule 6A-14.0261, Florida Administrative Code
Revised to reflect additional legal references
III - 4 Employee Bond F.S. 255.05
F.S. 1010.07
Added and deleted language for clarification
III-10 Transfer of Funds Between Fund Groups F.S. 1001.65;
State Board of Education Rule 6A-14.0261, Florida Administrative Code
Revised to reflect additional legal references
III -11 Investment of College Funds F.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-15 Electronic Transfer of Funds F.S. 668
F.S. 1010.11
Added and deleted language for clarification; Revised to reflect additional legal reference
III - 34 Receipt and Deposit of Funds F.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 - 60 College Property:  Receipt, Custody, Insurance and Control F.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 - 70 Periodic Audits and Management Analyses F.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 - 90 Deposit and Disbursement of Construction Funds F.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 - 90 Deposit and Disbursement of Construction Funds F.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 - 20 Student Evaluation Records F.S. 1002.22 Added language for clarification
IV - 90 Student Publications F.S. 1001.64 Revised to reflect Statutory changes
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
Revised to reflect additional legal references
V - 4 Funds for Construction of Facilities F.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 - 5 Planning and Construction of Facilities and Property Acquisition F.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 - 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
Revised to reflect additional legal references
V - 8 Operations and Maintenance of College Facilities F.S. 1001.64 and 1013.12;
State Requirements for Educational Facilities Chapter 5
Revised to reflect additional legal references
V - 13 Processes and Standards for Facilities Management F.S. 1001.64
F.S. 1001.65
Revised to reflect additional legal references
V - 20 Contractor Payments and Project Closeout F.S. 255.052, 715.12, and 1013.50;
State Requirements for Educational Facilities Section 4.2(3)
Revised to reflect additional legal references
V - 21 Interim and Final Payments to Architects, Engineers, and Other Provider of Professional Services F.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 - 24 Use of  College Facilities F.S. 1001.65
F.S. 1013.10
Revised to reflect additional legal reference
V - 30 Safety, Health and  Sanitation F.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 - 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 - 6 Prequalification of Contractors F.S. 1001.64 and 1013.46;
State Requirements for Educational Facilities Section 4.1
Revised to reflect additional legal references
VI - 12 Bids and Awards of Contracts for Construction, Remodeling, Renovation, Demolition or Maintenance of Educational Facilities F.S. 255.20 and 1013.45;
State Requirements for Educational Facilities Section 4.2
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
Revised to reflect additional legal references;  Added language for clarification
IX-1 College Libraries - Campuses F.S. 1001.65 Added 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.