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  7.0 OFFICIAL SCHOOL BOARD POSITION ON DISCIPLINE
7.1 PHILOSOPHY Amended 7/2/96
The School Board finds and declares that:
A. The development of self-discipline and self-direction is an educational goal toward which disciplinary procedures must contribute. Discipline provides experiences and establishes procedures which make the students responsible for keeping themselves in order. Disciplinary action is the corrective measure used when a breach of discipline has occurred.
B. The key to both student and teacher morale lies in how successfully the rules on discipline are applied and how this is reflected in school order. Educators, students, and parents must feel that, whatever rules are followed, they are not only uniform for all, but are just and fair. Disciplinary action, where imposed, should be as rational, non-arbitrary, and judicious as possible. It should encourage free discussion and setting of standards through the participation of students. The dignity and worth of the individual should always be respected and, because of this, disciplinary action should be free from harsh, abusive, and vindictive forms of punishment. Also, the student should never be subjected to sarcasm, public ridicule, or intimidation. Disciplinary action cannot be effective if its purpose is merely to demonstrate the superior authority of the teacher or administrator. The best results will be derived from cordial and realistic teacher-pupil relationships which are reinforced by firm and just policies administered at all levels.
C. These policies are not made with the intention of creating coercive or punitive powers. The intent is simply to help maintain discipline in the school setting. Amended 6/28/94
D. The teacher is the essential element in proper discipline within the schools. There are certain aspects of classroom management which must be left to the discretion and good judgment of the individual teacher, especially the instances regarding talking, movement of students in the room, and other activities which might be perfectly acceptable in one classroom situation and inappropriate in another.
Auth: 230.22, F.S. Imple: 230.23 (6) (c) and 232.27, F.S. 7.2 GENERAL POINTS OF EMPHASIS
7.2.1 Designated Responsibility
A. Employees of the Osceola County School Board shall make a concerted effort to prevent or correct common discipline problems found in the District schools. All people involved with the handling of discipline shall take a firm stand and insist that students behave in such a manner that the school environment is conducive to good education for all individuals. Amended 7/21/98
B. Teachers are expected to assist in correcting discipline problems as they might occur on the school grounds.
C. Each year the School Board shall distribute a copy of the Code of Student Conduct to students and teachers. The code, which is based upon the School Board's rules governing student conduct and discipline, shall also be available to parents at the beginning of the year. The code shall be discussed at the beginning of every school year in the appropriate venue determined by the principal. Amended 6/29/93
D. A committee composed of teachers, principals, and community representatives will make a periodic review of the Code of Conduct.
E. Employees of the Osceola County School Board shall make a concerted effort to provide written and oral communication in the parents' primary language or other mode of communication commonly used by the parents, unless clearly not feasible, for current and former limited English-proficient students in situations involving the handling of discipline. Adopted 6/27/00
Auth: 230.22, F.S. Imple: 232.25, F.S.; SBR 6A-0908(2)
7.2.2 Classroom Management
Minor offenses, insofar as is possible, shall be handled at the teacher level. Those things, which are against classroom regulations, shall be made clear at the beginning of the school year, reiterated from time to time, and enforced continuously. Only in case of chronic disobedience to these rules shall the individual be referred to an administrator. Before any referral is made, the teacher shall first use whatever corrective measures are available, including the contact of parents or guardians. The teacher shall immediately inform the administrator of any contact with parents, which might require his involvement in the situation.
Auth: 230.22, F.S. Imple: 232.27, F.S.
7.2.3 Records Amended 7/2/96 & 7/21/98
A. Disciplinary records shall be maintained separately from a pupil's permanent record in a place designated by the principal. Disciplinary records of pupils who have not committed major offenses (Level IV, Student Code of Conduct) may be destroyed when the pupil is promoted from the elementary to middle school or from middle to high school.
B. Disciplinary records of pupils who have committed major offenses (Level IV, Student Code of Conduct) shall be maintained at the school site for a period of three years in accordance with the District’s records retention policy.
C. Disciplinary records of a pupil who transfers from one school in the District to another school in the District shall be forwarded to the receiving school with the pupil’s permanent folder and shall be maintained in accordance with item A above.
D. Pupils who are transferring to another school in a different district and who have committed major offenses (Level IV, Student Code of Conduct) shall have a copy of their disciplinary folder forwarded to the receiving school with their permanent records. The original discipline folder shall be maintained by the sending school in accordance with item B above.
E. Records shall be made available for parental inspection upon request in the same manner as permanent records.
F. Letters of expulsion shall be filed in the student's cumulative folder. No other items relative to discipline shall be filed in the permanent record.
Auth: 230.22, F.S. Imple: 230.23 (11), 232.23 and 231.085 (3), F.S.
7.2.4 Authority of Classroom Teachers
Each teacher may offer directive guidance to a pupil through informal counseling sessions, may invite the pupil's parent or guardian to participate in informal counseling sessions or otherwise to confer with the teacher, and may detain a pupil before or after school hours up to one (l) hour per day, provided that the parent or guardian shall have advance notification of such detention. It shall be the student’s responsibility to notify the parent of the detention and the parent responsibility to arrange for adequate transportation to and from home. Amended 6/29/93
When a discipline problem disrupts the entire class and makes the learning process ineffectual, the students involved shall be removed from the class, upon approval of the principal, in order to allow for the restoration of order and the continuation of teaching. Parents shall be notified that the student is temporarily removed from the class or all classes for more than one day, until the school has the assurance of the student and his parents that his behavior will improve. Temporary removal shall not exceed ten (10) days. This class period shall be spent in a well-supervised study room within the school building or in an In-School Suspension setting. If the nature of the problem warrants it, other disciplinary action may be taken in accordance with the Code of Student Conduct. Amended 7/21/98
Teachers shall not refuse to serve a student scheduled to their class nor have the authority to bar a student from their class except as provided in Florida Statutes. Amended 6/17/97
Auth: 230.22, F.S. Imple: 232.27, 232.25, and 231.09 (3), F.S.
7.2.5 Authority of School Bus Drivers
The principal shall delegate to the school bus driver such authority as may be necessary for the control of pupils being transported to and from school, or school functions, at public expense.
Any pupil who persists in disorderly conduct on a school bus shall be reported to the principal by the driver of the bus. After investigating the degree and severity of the student’s misconduct, the principal of the school the student attends may administer disciplinary consequences at the school level, up to and including suspension from transportation to and from school and school functions at public expense in accordance with section 7.3.1D, out-of-school suspension, and/or recommendation for expulsion. Amended 6/29/93, 7/2/96 & 7/21/98
The school bus driver shall preserve order and good behavior on the part of all pupils being transported, but he shall not suspend the transportation of or give physical punishment to any pupil, or put any pupil off the bus at other than the regular stop for that pupil, except by order of the parent or the principal in charge of the school the pupil attends; provided, that should an emergency develop due to the conduct of pupils on the bus, the bus driver may take such steps as are reasonably necessary to protect the pupils on the bus.
Auth: 230.22, F.S. Imple: 232.28, F.S., and SBE Regulation 6A-3.17(1)(d) 2 7.2.6 Authority of School Principal
The principal shall be responsible for the provision of pupil guidance and counseling, including parent conferences, and also for the supervision of detention procedures when such are deemed necessary by instructional personnel.
The principal shall have the authority to administer corporal punishment in accordance with Board Rule 7.4 and shall have the authority to suspend a student from any or all classes and assign the student to a well-supervised study room within the school. "In-school suspension" shall be limited to ten (10) days for any one (l) infraction or instance of misbehavior. The principal also has the authority to require students, as a disciplinary measure, to perform custodial services on buildings or grounds. These activities shall not pose a potential source of harm to the student. Such activity is specifically exempt from the provisions of the Child Labor Laws in Chapter 450, Florida Statutes. Amended 6/29/93 & 6/28/94
If suspension of a student becomes necessary, an initial effort shall be made to contact the parents and inform them of the problem before the student is suspended. The procedure for suspension of students is set forth in Board Rule 7.5.1.
The Principal or his designated representative may recommend to the Superintendent the expulsion of any student who has committed a serious breach of conduct, including, but not limited to, willful disobedience, open defiance of authority of a member of his staff, violence against persons or property, or any other act which substantially disrupts the orderly conduct of school. Any recommendation of expulsion shall include a detailed report by the principal or his designated representative on the alternative measures taken prior to the recommendation of expulsion. The procedure of expulsion of students is set forth in Board Rule 7.5.3.
The Principal shall notify the appropriate school personnel of students who have committed serious off-campus crimes as specified in State Statutes. Adopted 7/2/96
The Principal or his designated representative shall include an analysis of suspensions and expulsions in the annual report of school progress.
Auth: 230.22, F.S. Imple: 231.085 and 232.26, F.S.
7.2.7 Standard for Student Search, Motor Vehicle Search, and Search of Student Locker or other Storage Area Adopted 1/18/94, Amended 6/15/99
A. Florida law provides relaxed standards of search and seizure under the state constitution with respect to searches of students' effects by school officials. This relaxed standard of search is owing to the special relationship between students and school officials and, to a limited degree, the school officials' standing in loco parentis to students. Accordingly, it is the purpose of this policy to provide procedures by which school officials may search the students' effects within the bounds of Florida Law.
All Board parking areas and lockers are the property of the school system. School authorities have the right to inspect any student parked vehicle and/or lockers in order to protect the health, safety and welfare of students. Each student who uses Board property to park a vehicle or uses a school locker must sign the Board's Student Parking and/or Student Locker Application and Consent to Search and Waiver of Liability form acknowledging and agreeing to the conditions as a prerequisite to, and in consideration for, the issuance of a student parking decal and/or a student locker that the locker is school property and may be opened by school authorities at any time without consent and without the student's knowledge or presence.
B. Search of Student Lockers, Motor Vehicles or other Storage Areas
(1) A principal, if he has reasonable suspicion that a prohibited or illegally possessed substance or object is contained within a student's locker or other storage area, may search the locker or storage area. The term "storage area" as used in this policy shall include bags, purses, backpacks, knapsacks, briefcases, satchels, and any other item or receptacle of any kind whatsoever within which an object or item may be concealed, contained or carried. Routine locker clean-ups are not considered searches.
(2) The principal, if he has reasonable suspicion that a prohibited or illegally possessed substance or object is contained within a motor vehicle (including a motorcycle, moped or automobile) that is parked on School Board property and which vehicle was driven on to the property by a student enrolled in any school in the District, may search the motor vehicle. Provided, that the student will first be requested to unlock the motor vehicle so as to prevent damage from occurring to the motor vehicle prior to the conduct of the search. If the student refuses to voluntarily unlock the vehicle and permit the search, the school officials may forcibly enter the vehicle only if there is an emergency involving a substantial health, safety or welfare interest of a student. Absent an emergency situation, any student who fails to voluntarily unlock the vehicle shall be subject to discipline, including expulsion from school for gross defiance of a direct and authorized order issued by a school official. The Code of Student Conduct shall be deemed amended to include as a level IV offense for gross defiance of a school official's order to unlock a vehicle for the purpose of permitting a reasonable suspicion search of the vehicle on school property for illegal substances or other contraband. Additionally, the law enforcement agency with jurisdiction shall be contacted and notified of the circumstances and the refusal of the student to voluntarily permit the search.
C. A principal, having reasonable suspicion that a prohibited or illegally possessed substance or object is contained on or about the person of a student, may search the student. Principal shall take the following action, as reasonably appropriate under the circumstances, to do the following:
(1) The student search shall be conducted in a private area where other students and unnecessary employees will not observe the search. Reasonable precautions, appropriate to the circumstances, shall be taken such that the dignity of the student is preserved.
(2) The student will be given a reasonable opportunity to voluntarily reveal and display the contents on or about the person of the student before the search is initiated, unless such opportunity would be unreasonable under the circumstances.
(3) The safety and security of the students, employees of the School District and the integrity of the educational program are the paramount objectives of the school system. Accordingly, school officials are authorized to take such action as is reasonably necessary to preserve such safety and security.
D. A notice (or notices) shall be posted in each school in Osceola County, in a place obvious and readily seen by students. Said notice (or notices) shall state the following:
A student's locker, or other storage area, and motor vehicle are subject to search, upon reasonable suspicion, for prohibited or illegally possessed substances or objects.
E. This policy shall not be construed to prohibit the use of metal detectors or specially trained animals, including the use of drug and gunpowder sniffing K-9 dogs, in the course of a reasonable suspicion search authorized hereunder, nor to prohibit the use of such in random or fixed-entry stationary searches as permitted by Florida and federal law. 7.3 BOARD RULE ON OFFENSES - STUDENT CODE OF CONDUCT
7.3.1 In order that justice may be handled with mercy and understanding, the discretion of interpretation is in all instances left to the individual teacher, dean, assistant principal, principal, or other administrator to modify corrective measures suggested whenever extenuating circumstances seem to be present.
It is beyond the scope of the Code of Student Conduct to identify all potentially relevant state laws, rules, or regulations and School Board policies that may apply to a specific disciplinary case. Therefore, the Code of Student Conduct is not an exhaustive representation of every possible example of inappropriate behavior for which a student may receive a disciplinary consequence. However, it does represent a good faith effort to address the more frequently observed behaviors of students generally. Adopted 6/15/99
The Code of Student Conduct identifies prohibited student conduct and lists a range of consequences which may be imposed for each infraction. When assigning consequences for misconduct, the Principal or designee shall give consideration to factors such as the nature of the infraction, the student’s past disciplinary record, the student’s attitude, the student’s age and grade level, and the severity of the problem as it exists in that particular school. The degree and severity of the problem may justify classifying the offense at a higher level than is indicated by the example. Adopted 7/2/96 Amended 6/15/99
The use of words, such as battery and arson, are not meant to be considered equivalent to or to carry the same standards and consequences as the same words which are defined in the criminal context in the Florida Statutes. The School Board retains the flexibility and right to attach definitions found in this Board Rule to such words without attaching any criminal standards set by the courts or legislature. Adopted 6/15/99
A. DEFINITIONS
OF TERMS Adopted 6/15/99 Definitions of terms and/or student conduct which are considered to be violations of the Code of Student Conduct are described in this section of the handbook. When a student has committed an infraction, the misbehavior is to be classified according to the definition which best describes it.
(1) Aggravated Assault Violation - The act of verbally assaulting another person by implying harm with a deadly weapon without the intent to kill the other person or with intent to commit an act which would constitute a felony as set forth in Florida Statutes.
(2) Arson Violation - The act of intentionally or willfully igniting a fire, damaging, or attempting to damage, any real or personal property by fire or incendiary device, but does not include the act of lighting a match alone. Amended 6/27/00
(3) Assault Violation - The act of making an intentional, unlawful threat, by word or act, to do violence to another person coupled with an apparent ability to do so, and then doing some act that creates a well-founded fear in that person that violence is imminent.
(4) Battery Violation – The act of physically attacking or attempting to physically attack a school system employee, volunteer, or student with or without provocation. The actual reckless or intentional touching, striking, or hitting and/or the attempt to recklessly or intentionally touch, strike, or hit a school system employee, volunteer, or student with any portion of the actor's person or with any object against the will or without the permission of the victim. A finding of a battery may be determined whether or not the actor intended to cause or does cause bodily harm or injury. A battery may or may not be serious enough to warrant calling the police. Amended 6/19/01
(5) Bomb Threat Violation - The act of intentionally making a report to any person, including school personnel, concerning the placement of, creation of, or discussion of any bomb, dynamite, explosive or arson causing devices.
(6) Burglary/Breaking and Entering Violation - The act of unlawfully entering into a building or other structure or vehicle, without permission, with the intent to commit a crime.
(7) Class Disruption Violation - The act of behaving inappropriately which disrupts the learning environment, which inhibits the instructor’s ability to teach, or interferes with other students’ opportunity to learn.
(8) Data Network Acceptable Use Policy Violation - The act of inappropriately using a computer including, but not limited to, breaking into restricted accounts or networks, modifying or destroying files without permission, illegally copying software, entering or distributing or printing unauthorized files, visiting inappropriate websites (i.e. pornography), or downloading inappropriate materials.
(9) Defiance of Authority Violation - The act of flagrantly, or hostility challenging the authority of a school staff member, bus driver, or any other adult in authority.
(10) Dishonesty/Cheating Violation - The act of inappropriately and deliberately distributing or using information, notes, materials, or work of another person in the completion of an academic exam, test, or assignment.
(11) Disruption on School Bus Violation - The act of engaging in conduct or behavior which interferes with the orderly, safe, and timely transportation of students.
(12) Disruptive Behavior Violation - The act of behaving inappropriately which interferes or obstructs the mission or operation of the School District or the safety and welfare of other students or employees at school or at any school sponsored activity.
(13) Distribution of Over the Counter Prescription Medication Violation - The act of distributing any substance which requires a physician prescription or is an over-the-counter medication.
(14) Dress Code Violation - The act of failing to comply with the established dress code policy.
(15) Drugs/Alcohol Violation - The act of storing, possessing, selling, purchasing, distributing, using, or being under the influence of any alcoholic beverage, or any substance defined as a controlled substance under Chapter 8983 of the Florida Statutes, including, but not limited to, marijuana, hallucinogens, inhalants, as well as any substance which requires a physician’s prescription, or any over-the-counter medication without parent approval and school notification, or any substance represented to be an illegal substance, such as “designer drugs,” or caffeine pills, tablets, or caplets, or any substance which is represented to be any such substance.
(16) Drug Paraphernalia Violation - The act of possessing, using, selling, storing, or distributing any equipment, device, or equipment used for the purpose of preparing or taking drugs, including, but not limited to, items listed in Section 893.145, Florida Statutes, and items which may be determined to be drug paraphernalia under the criteria set out in Section 893.146, Florida Statutes.
(17) Excessive Absences/Truancy Violation - The act of failing to attend class and having no acceptable excuse for the absence. Such actors who are required by law (mandatory school age) to attend school shall not be suspended for unexcused absence or truancy, but actors who are not required by law to attend school may be suspended for unexcused absence and truancy.
(18) Explosives Violation - The act of possessing, using, selling, storing, distributing, constructing, or detonating any combustible substance or destructive device, such as a bomb, letter bomb, pipe bomb, grenade, rocket, or similar device designed to explode.
(19) Extortion Violation - The act of using threatening (physical or verbal) intimidation to obtain anything of value from another person, including, but not limited to, money.
(20) Failure to Report to Detention/Saturday Detention Violation - The act of not attending an assigned detention (Teacher or Administrator) or Saturday Detention.
(21) False Accusations Against Staff Member(s) Violation - The act of intentionally publicizing (oral or written) untrue, injurious allegations against a staff member or school volunteer, or knowingly bringing false charges against a staff member or school volunteer.
(22) False Accusations Against Classmates Violation - The act of intentionally publicizing (oral or written) of untrue, injurious allegations against another classmate or knowingly bringing false charges against a classmate. If the accusations against a classmate are found to be false, the actor lodging the false accusation may receive the same punishment as would have been received by the wrongly accused individual. The consequence may be adjusted by the Principal as he/she considers the circumstances of misdirected staff time and damage to the wrongly accused individual and his/her family.
(23) False Fire Alarm Violation - The act of activating a fire alarm system or equipment (i.e. fire extinguisher, hoses, or sprinklers) or willfully reporting a false fire.
(24) False Summoning of Emergency Services Violation - The act of intentionally or willfully notifying or reporting a false emergency in which any community agency or provider of emergency services responds to the scene.
(25) Fighting Violation - The act of participating in an altercation involving physical violence in which another person may or may not sustain personal injury.
(26) Firearms Violation - The act of possessing, using, selling, storing, distributing, or detonating any weapon which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, the frame and receiver of any such weapon, any firearm muffler or firearm silencer, or any destructive device, including firearms of any kind (operable or inoperable; loaded or unloaded), including, but not limited to, hand guns, zip guns, pistols, rifles, shot guns, starter guns, flare guns, BB or pellet guns, paintball guns, or cap guns. Amended 6/27/00
(27) Fireworks Violation - The act of possessing or igniting firecrackers, bottle rockets, smoke bombs, or other similar devices.
(28) Forgery Violation - The act of making a false or misleading written communication to a school staff member with either the intent to deceive or under circumstances which would reasonably be calculated to deceive the staff member, or producing or possessing any false document, items, or record represented to be an authentic school document, item, or record.
(29) Furnishing/Selling of Drugs or Counterfeit Drugs Violation - The act of selling, offering for sale, or giving away any intoxicant, drug, controlled substance or that which is presented as a controlled substance OR selling or offering for sale a non-controlled substance as a controlled substance shall be suspended and recommended for expulsion by the Principal.
(30) Gambling Violation - The act of participating in games or activities of chance for money or items of value.
(31) Gang-Related Activity Violation - The act of engaging in any verbal, written, or physical act which is associated with becoming a member of a gang, being a member of a gang, or participating in gang identified rituals or behaviors.
(32) Gang-Related Appearance or Apparel Violation - The act of wearing or displaying any clothing, jewelry, accessories, makeup, tattoo, or any other appearance or apparel which may be considered gang-related in any manner which is associated with being a member of or participating in a gang or gang-related activity.
(33) Harassment Violation - The act of using unwelcome gestures, words, or written statements to annoy, demean, denigrate, defame, malign, or ridicule another person.
(34) Horseplay Violation - The act of engaging in rowdy, rough behavior that interferes with the safe or purposeful order of the school.
(35) Illegal Organization Violation - The act of establishing or participating in a secret society or prohibited organization on School Board owned property, at a school function, or at an extracurricular activity.
(36) Inappropriate or Obscene Act Violation - The act of using oral or written language, electronic messages, pictures, objects, gestures, or engaging in any physical act considered to be offensive, socially unacceptable, or not suitable for an educational setting.
(37) Insolent Attitude Violation - The act of communicating (oral or written) and/or using body language, including, but not limited to, facial expressions or gestures which are intended to communicate disrespect, insult, contempt, impertinence, or rudeness toward person(s) in authority.
(38) Insubordination Violation - The act of deliberately refusing, or failing to follow a direction or an order from a school staff member, bus driver, or any other adult in authority.
(39) Lewd/Lascivious Sexual Conduct Violation - The act of exposing or exhibiting one’s sexual organs in public, or to act or behave in such a manner as to simulate that sexual battery is being committed.
(40) Long-term Suspension - The suspension of a student within the range of 6-10 days.
(41) Lying/Misrepresentation Violation - The act of intentionally providing false or misleading information to, or withholding valid information from, a school staff member.
(42) Malicious Destruction of School or Personal Property of Staff Violation - The act of intentionally damaging or destructing school property or personal property belonging to a staff member, including, but not limited to, destruction or damage to a home and/or an automobile.
(43) Off-Campus Felony - The arrest by law enforcement officials of a student for the alleged commission of a felony or a delinquent act which would be classified as a felony if committed by an adult at a time and place where students are not subject to control of the school.
(44) Possession/Use of Dangerous Chemical Irritants Violation - The act of possessing or using devices which are designed to inflict or could inflict pain or injury to another individual, such as, mace and pepper spray.
(45) Possession of Dangerous or Disruptive Item Violation - The act of possessing any item, although not specifically designed to do harm to another person, which is used to cause or attempt to cause injury, or is used to put someone in reasonable fear of injury, including, but not limited to, belts, pencils, pens, compasses, combs, hair brushes, and laser pens.
(46) Possession of Stolen Property Violation - The act of possessing stolen property shall receive appropriate disciplinary consequences. Students should refrain from receiving, taking, or “holding onto for a friend” any item(s) or materials for which they are not the legitimate owner.
(47) Possession/Use/Under Influence of Alcohol, Drugs, or Other Controlled Substances Violation - The act of possessing or influenced by intoxicating beverages or drugs or combinations of drugs having hallucinatory effects OR found to be in the possession of drug paraphernalia.
(48) Possession or Use of Cellular Phone or 2-Way Communication Device Violation - The act of possessing, carrying, and/or transporting on or about his person any cellular phone on school grounds or in any building owned or operated by the School Board, but cellular phones may be built-in or kept securely locked in the student’s personal vehicle.
(49) Profanity/Abusive Language Violation - The act of using any profane, vulgar, or unnecessary crude utterance or gesture, whether directed toward a teacher or classmate, or merely done overtly.
(50) Racial Harassment Violation - The act of discriminating against another person which discrimination is prohibited by law - race, color, gender, or national origin, including verbal, nonverbal, graphic, written, or physical conduct that denigrates or shows hostility or aversion toward any student based upon race, when such repetitive conduct substantially interferes with a student’s academic performance, or creates an intimidating, hostile, or offensive school environment. Racial harassment may include, but is not limited to, the following conduct which is based upon race:
a. Epithets and slurs
b. Negative stereotyping
c. Threatening, intimidating, or hostile acts
d. Written or graphic material that shows hostility or aversion toward an individual or group
(51) Riot/Rioting Violation - The act of inciting or participating in disorderly and/or violent group behavior.
(52) Robbery - The act of taking or attempting to take anything of value under confrontational circumstances from the control, custody, or care of another person by force or threat of force or violence or putting the victim in fear of larcenies.
(53) Sexual Battery - Any sexual act directed against another person, forcibly or against that person’s will, or not forcibly against that person’s will where the victim is not capable of giving consent because of his/her youth or because of temporary or permanent mental incapacity.
(54) Sexual Harassment - The act of making unwelcome sexual favors and other inappropriate verbal, nonverbal, written, graphic, or physical conduct of a sexual nature when such repetitive conduct substantially interferes with a student’s academic performance, or creates an intimidating, hostile, or offensive school environment.
(55) Sexual Related Offenses Violation - The act of engaging in a sex act or physical conduct of a sexual nature.
(56) Short-term Suspension - Any suspension of a student within the range of 1-5 days.
(57) Simple Assault/Minor Battery Violation (Student to Student Only) – The act of threatening of or attempting to strike another person where physical contact is made by one individual, but where no injury is sustained. Amended 6/19/01
(58) Skipping Class Violation - The act of not reporting to or leaving school grounds without receiving proper prior approval and/or following established procedures for checking out of school.
(59) Stealing/Theft Violation - The act of unlawfully taking the property of another person without threat of violence or bodily harm, or knowingly being in possession of stolen property, or knowingly selling or distributing stolen property.
(60) Tardiness Violation - The act of arriving late to school or to a class on a repeated basis.
(61) Threat/Intimidation Violation - The act of declaring the actor’s intent by word or act to do violence to another person or to his/her property, or forcing another person to do something, or prevent another person from doing something by coercion, bullying, or making him/her afraid, or acting in a way which is likely to cause others to be afraid.
(62) Tobacco Products Violation - The act of possessing, using, selling, storing, or distributing cigarettes, cigars, snuff, dip, pipe tobacco, chewing tobacco, OR possessing, using, storing, distributing, or igniting a cigarette lighter or matches.
(63) Trespassing Violation - The act of entering without authorization onto School Board owned property, into a school function, or an extracurricular activity, or remaining on School Board owned property after being directed to leave that location by a school staff member or law enforcement officer.
(64) Unauthorized Area/Hall Violation - The act of being present in buildings, rooms, hallways, or other areas of a school campus restricted to student access during all or a portion of a day.
(65) Unauthorized Assembly Violation - The act of being present at unapproved student gatherings, meetings, demonstrations, or protests which interfere with the orderly process of the school environment, or which interrupts a school function or an extracurricular activity.
(66) Unauthorized Buying/Selling of Merchandise Violation - The act of buying or selling any merchandise while at school or on any property owned by the School Board of Osceola County, Florida without the permission of the Principal.
(67) Unauthorized Possession of Prescription or Over the Counter Medication Violation - The act of possessing or using any substance which requires a physician’s prescription or is considered an over-the-counter medication, without checking such medication in at the school clinic in accordance with School Board Rules, Policies, and Procedures.
(68) Unsafe Act Violation - The act of engaging in any behavior which compromises the health or safety of an individual including, but not limited to, such acts as hitting, kicking, or slapping.
(69) Vandalism Violation - The act of willfully defacing, damaging, or destroying by any means the real or personal property belonging to the School Board or another person.
(70) Vehicle/Parking Violation - The act of failing to follow established rules and regulations concerning the privilege of driving and parking vehicles on a school campus.
(71) Weapons Violation - The act of possessing, storing, distributing, selling, or purchasing any instrument or object that may inflict harm on another person, or be used to intimidate another person, including, but not limited to, fixed blade knives, folding knives, switch blade knives, common pocket knives, razor blades, box cutters, sharp cutting instruments, ice picks, dirks, chains, pipe, nunchakus, brass knuckles, Chinese stars, billy clubs, tear gas, poisonous gases, sling shots, electrical weapons or devices, stun guns, BB or pellet guns, starter pistols, propellants, paintball guns, and “look-alike” weapons. Amended 6/27/00
B. Elementary and Secondary Code of Student Conduct Amended 6/30/92, 6/29/93, 6/28/94, 6/27/95 & 11/7/95, Revised & Reformatted 7/2/96, Amended 6/17/97 & 7/21/98. Revised 6/15/99
LEVEL I
Minor misbehavior on the part of the student, which impedes orderly classroom procedures or interferes with the orderly operation of the school.
(1) Examples
a. Class disturbances/Disruptive behavior
b. Dishonesty - cheating, lying, etc.
c. Dress code violations
d. Failure to follow directions
e. Public display of affection
f. Profanity or abusive language, student to student
g. Hall violations
h. Lack of supplies
i. Infractions of school or classroom rules
j. Throwing objects (non-injury to persons or property)
k. False accusations against classmates
l. Parking violation (secondary)
m. Skipping class
n. Skipping school
o. Trespassing
p. Unauthorized area
q. Unauthorized assembly
r. Unauthorized buying and selling of merchandise
(2) Recommended Discipline Procedure for Level I Offenses:
Immediate intervention by staff member who is supervising the student or who observes the misbehavior.
Repeated misbehavior indicates the need for a parent/guardian conference with the teacher and/or guidance counselor and/or school administrator.
A proper and accurate record of the offense and disciplinary action is maintained by the staff member.
a. First Offense
1. Written report to parents
2. Verbal reprimand
3. Written educational assignment
4. Special assignment related to offense
5. Behavior contract
6. Correct inappropriate dress
7. Parent/Teacher/Student Conference
8. Time-out area
9. Strictly supervised study Area
10. Loss of credit for work (for dishonesty or failure to turn in work)
11. Opportunity to secure supplies
12. Teacher detention
13. Counseling
14. Teacher student schedule change
15. Revoke parking decal or tow away vehicle (secondary)
16. Administrative detention/Saturday detention
17. Work detail
18. Others
b. Repeated Offense
1. Additional detention
2. Withhold privileges
3. Parent notification and/or conference
4. In-school suspension
5. Corporal punishment
6. Short-term out-of-school suspension
LEVEL II Misbehavior of frequency or seriousness that tends to disrupt the learning climate of the school and from which educational consequences are serious enough to require corrective action on the part of administrative personnel. These infractions, which usually result from the continuation of Level I misbehaviors, require the intervention of personnel on the administrative level because the execution of Level I disciplinary options has failed to correct the situation.
(1) Examples
a. Continuation of Level I misbehaviors
b. Defiance of authority/willful disobedience
c. Disruptive behavior/horseplay
d. Disruption of the school bus
e. Insolent attitude
f. Excessive absences or tardies to school
g. Failure to serve teacher assigned discipline
h. Simple assault/ Minor Battery
i. Forgery of notes, excuses, other school documents
j. Hall violations
k. Illegal organizations
l. Inappropriate printed material
m. Unauthorized use of personal alarm device/pager/beeper
Authorized possession and/or use shall be as follows:
1. The device and the legitimate purposes as determined by the principal, shall be registered with the principal
2. The device must be concealed (non-visible) and set to non-audible mode.
n. Unauthorized use and/or possession of over the counter or prescription medication
(2) Recommended Discipline Procedure for Level II Offenses:
Student is referred to administrator for appropriate disciplinary action.
Proper and accurate record of the offense and disciplinary action is maintained by administrator.
Parents are informed. The teacher is informed of the administrator’s actions.
a. First Offense
1. Report to parent
2. Verbal reprimand
3. Written educational assignment
4. Special assignment related to offense
5. Behavior contract
6. Time-out area
7. Confiscation of inappropriate item
8. Strictly supervised area
9. Teacher detention
10. Teacher/Student schedule change
11. Counseling
12. Administrative detention/Saturday detention
13. Referral to outside agencies
14. In-school suspension
15. Work detail
16. Short-term out-of-school suspension
17. Others
b. Repeated Offenses
1. Additional corporal punishment
2. Additional in-school suspension
3. Additional work detail
4. Additional short-term out-of-school suspension (1-5 days)
5. Refer to Director of Student Services
6. Refer to Director of Exceptional Students
LEVEL III
Acts directed against persons or property but the consequences of which do not seriously endanger the health or safety of others in the school. These acts might be considered dangerous or criminal but most frequently can be handled by the disciplinary mechanism in the school. Corrective measures, which the school should undertake, however, depend on the extent of the school’s resources for remediating the situation in the best interest of all students.
(1) Examples
a. Continuation of Level II misbehaviors
b. Fighting
Elementary School only
1st offense 1 - 3 days out-of-school suspension
2ndoffense 3 - 5 days out-of-school suspension
3rd offense 5 - 10 days out-of-school suspension
4th offense 10 days out-of-school suspension and recommendation for expulsion
Middle School only
1st offense 3 days out-of-school suspension
2nd offense 5 days out-of-school suspension
3rd offense 10 days out-of-school suspension and recommendation for expulsion
High School only
1st offense 5 days out-of-school suspension
2nd offense 10 days out-of-school suspension and recommendation for Expulsion
c. Gambling
d. Extortion
e. Failure to serve administratively assigned discipline
f. Harassment
g. Inappropriate or obscene act
h. Inappropriate printed material
i. Insubordination
j. Possession of dangerous or disruptive items
k. Possession of stolen property
l. Racial harassment
m. Sexual harassment
n. Sex related offenses, including inappropriate video material
o. Stealing
p. Threat or intimidation - student to student
q. Minor vandalism
r. Profanity/Abusive language to teacher, staff, or volunteer
s. Gang related activity
t. Gang related apparel or appearance
u. Violation of the Data Network Acceptable Use Policy
v. Unsafe act
w. Possession or use of tobacco products and/or cigarette lighters
1st offense: Mandatory attendance in a tobacco awareness/cessation class in lieu of other disciplinary action. If the student declines the opportunity, the application of Level III consequences would be applied up to and including a possible $25.00 citation.
(2) Recommended Discipline Procedure for Level III Offenses:
Administrator initiates disciplinary action by investigating the infraction and conferring with staff on the extent of the consequences. Administrator/student/parent conference about student’s misconduct and resulting disciplinary action. Proper and accurate record of offenses and disciplinary actions is maintained by administrators. Restitution of property and/or payment for damages. Consider referral to outside agencies.
a. First Offense
1. Report to parent
2. Verbal reprimand
3. Written educational assignment
4. Special assignment related to offense
5. Behavior contract
6. Time-out area
7. Confiscation of inappropriate item
8. Strictly supervised area
9. Teacher detention
10. Teacher/Student schedule change
11. Counseling
12. Administrative detention/Saturday detention
13. Referral to outside agencies
14. Corporal punishment
15. In-school suspension
16. Financial restitution
17. Work detail
18. Remove or change inappropriate apparel or appearance
19. Short-term out-of-school suspension
20. Long-term out-of-school suspension
21 Recommendation for expulsion
22. Others
b. Repeated Offenses
1. Refer to Director of Student Services
2. Refer to Director of Exceptional Students
LEVEL IV Acts which result in violence to another’s person or property or which pose a direct threat to the safety of others in the school. These acts are clearly criminal and are so serious that they always require administrative actions which result either in the immediate removal of the student from school, the intervention of law enforcement authorities or referral to Student Services for possible Board action.
(1) Examples
a. Unmodified and continued Level III violations
b. *Aggravated assault
c. Arson
d. Burglary/breaking and entering
e. *Explosives
f. *Firearms
g. Vandalism
h. Lewd and lascivious sexual conduct
i. False fire alarm
j. Malicious destruction of school or personal property of staff
k. Possession of a cellular phone except as otherwise allowed in School Board Rules.
l. Possession of handcuffs
m. Possession of dangerous chemical irritants (mace, pepper spray)
n. *Assault and Battery - an unlawful injury to another
o. *Furnishing/selling drugs or counterfeit drugs
p *Bomb threats
q. *Fraudulently summoning emergency services
r. *False accusation of misconduct directed toward staff members
s. Off-campus felony charges
t. Possession/use/under the influence of alcoholic beverages, drugs, or other controlled substances, including possession of drug paraphernalia
u. Distribution of over the counter or prescription medication
v. *Distribution of alcoholic beverages, drugs, or other controlled substances
w. *Weapons
(2) Recommended Discipline Procedure for Level IV Offenses:
For all (*) items, follow the procedures listed below and make Recommendation for Expulsion
Administrator verifies the offense, confers with the staff involved and meets with the student, allowing the student the opportunity to relate his or her version of what occurred. The student is immediately removed from the school environment. Parents are notified. Administrator may contact law enforcement agency and assist in prosecuting offender. Complete and accurate report is submitted to the Superintendent for possible Board action. For all non- (*) items, follow procedures listed above and select the appropriate level of discipline consequence below.
a. First Offense
1. Out-of-school suspension
2. Recommendation for expulsion
3. Others
b. Repeated Offenses
Recommendation for expulsion
Compliance with the drug and alcohol issues in the Student Code of Conduct is mandatory.
Auth: 230.22, F.S. Imple: 231.09(2) ,230.2313(2)(c), 230.23(11)(c), 231.086, 232.26-232.28, F.S.
7.3.1C. Post Secondary Code of Student Conduct Adopted 7/2/96 & Amended 7/21/98
LEVEL I
Minor misbehavior on the part of the student, which impedes orderly classroom procedures or interferes with the orderly operation of the school.
(1) Examples
a. Tardiness - Excessive and/or habitual late arrival to school or class
b. Absence - Excessive and/or habitual absence from school or class
c. Dress Code - Non-conformity of established dress code
d. Disruptive behavior on school property or at school-sponsored events.
e. Littering (2) Recommended Discipline Procedure for Level I Offenses:
a. First Offense
1. Immediate intervention by the instructor or staff member who observes the misbehavior.
2. Verbal Reprimand
3. Tardiness or Absence - Tardiness or absence will result in a verbal or written warning from the instructor.
4. Dress code violations - The instructor will counsel any student whose clothing is a dress code violation that is not disruptive to the educational process. The instructor will direct the student to change when the attire is disruptive to the educational process.
b. Second Offense
1. Written referral to a counselor
2. In the case of a dress code violation, the student will be given a written referral to the administration. The student will be sent home to obtain the appropriate attire.
c. A third offense will result in moving the offense to Level II.
LEVEL II
Misbehavior of frequency or seriousness that tends to disrupt the learning climate of the school and from which educational consequences are serious enough to require corrective action on the part of administrative personnel.
(1) Examples
a. Continuation of Level I offenses
b. Disorderly Conduct - Conduct or behavior which interferes with or disrupts the orderly process of the school environment or a school function.
c. Disrespect for Others - Conduct of behavior, which demeans, degrades, antagonizes, humiliates, or embarrasses a person or group of persons.
d. False and/or Misleading Information - Intentionally providing non-valid or misleading information or the withholding of valid information to/from a school system staff member.
e. Cheating - Willful or deliberate unauthorized use of the work of another person for academic purposes or inappropriate use of notes or other material in the completion of an academic assignment or test.
f. Unauthorized use of personal alarm devices or telephone pagers/beepers.
(2) Recommended Discipline Procedure for Level II Offenses:
a. First Offense
A written referral to the administration and parent contact (if a minor), conference/warning, contract, conference with all relevant persons or temporary suspension.
b. Second Offense
Written referral to the administration and possible suspension.
c. Third Offense
A third offense will result in moving the offense to Level III.
LEVEL III
Acts against persons or property but the consequences of which do not seriously endanger the health or safety of others in the school.
(1) Examples
a. Continuation of Level II offenses
b. Unauthorized Assembly, Publications, etc. - Demonstrations and/or petitions by students or possession and/or distribution of unauthorized publication which interfere with the orderly process of a school function.
c. Insubordination - Refusal or failure to comply with a direction from a school staff member, failure to comply with local or state law, school rule, School Board policy or classroom rules.
d. Repeated Misconduct of a More Serious Nature - Repeated misconduct which tends to substantially disrupt the orderly conduct of a school, school function or extracurricular/co-curricular program of activity.
e. Sexual harassment or creating a hostile environment
f. Profane, Obscene or Abusive Language/Materials - The use of either oral or written language, gestures or pictures which are socially unacceptable and which tend to disrupt the orderly school environment or school functions.
g. Use of tobacco products and/or cigarette lighters
h. Fighting on school property.
i. Destruction, defacing, or vandalism of property.
j. Use of radios and headphones.
k. Violation of the Data Network Acceptable Use Policy.
(2) Recommended Discipline Procedure for Level III Offenses:
a. First Offense
Written referral to administration, conference with all relevant persons, and possible suspension.
b. Second Offense
A second offense will result in moving the offense to Level IV. LEVEL IV
Acts which result in violence to another’s person or property or which pose a direct threat to the safety of others in the school.
(1) Examples
a. Continuation of Level III offenses
b. Alcohol/Drugs - Possession, use, under the influence of, selling, or transporting of alcoholic beverages, drugs, or any substance capable of modifying mood or behavior or represented to be of said nature, including possession of drug paraphernalia.
c. Arson - The willful and malicious burning or attempt to burn or destroy school system property, contents in or on the property or the personal property of others.
d. Assault/Battery of Employees/Volunteers/students - An intentional threat by word or act to do physical harm to a school employee, volunteer or student coupled with an apparent ability to do so or the actual reckless or intentional touching or striking of a school system employee, volunteer or student against his/her will.
e. False Fire Alarm - The willful and/or malicious activation of a fire alarm system or equipment (i.e. fire extinguisher, hoses, or sprinklers) or the willful and/or malicious reporting of a false fire.
f. Theft/Robbery - The act or attempted act of taking money, property or possessions from another against his/her will with or without the use of force, violence or fear.
g. Bomb Threats/Explosions - Any communication which has the effect of threatening an explosion to do malicious, destructive or bodily harm to school system property or property at a school function or extracurricular/co-curricular activity or the person in or on that property or attending the function. This includes preparing, possessing or igniting explosives including unauthorized fireworks on school system property or at a school function or an extracurricular/co-curricular activity.
h. Weapons - The possession, use or control of any dangerous instrument which could be used to harm, cause injury or death to another person. This may include, but is not limited to, firearms, knives, clubs, explosives and other chemical weapons. Weapons shall be confiscated and will not be returned to the student. Possession of weapons shall be reported to law enforcement authorities.
i. Hate crimes and language.
j. Unauthorized use of cellular phones. Students in postsecondary programs may receive waivers of this rule as prescribed by the site principal
k. False accusations of misconduct directed toward staff members.
l. Off-campus felony charges.
m. Fraudulently summoning emergency services.
(2) Recommended Discipline Procedure for Level IV Offenses:
The first offense will result in an immediate ten-day suspension with the request for expulsion. The offense may be reported to the appropriate law enforcement agency.
Compliance with the drug and alcohol issues in the Student Code of Conduct is mandatory.
7.3.1 D. Student Transportation
(1) The responsibilities of pupils transported at public expense shall be as follows:
a. To occupy the seat assigned by the driver and to refrain at all times from moving around while the bus is in motion. To observe classroom conduct (except for ordinary conversation) while getting on and off the bus, and while riding the bus. To keep hands inside the bus at all times, except in case of emergency egress.
b. To obey the driver and to report to the school principal when instructed to do so by the driver.
c. To warn the driver of approaching danger if there is reason to believe the driver is not aware of the danger.
d. To be at the designated place in the morning and after school, ready to board the bus at the prescribed time. Amended 7/23/91
e. To walk to the bus stop on the left side of the road, facing traffic, and to stay off the roadway at all times while waiting for the bus.
f. To wait until the bus has come to a full stop before attempting to get on or off.
g. To enter or leave the bus only at the front door after the bus has come to a full stop, except in case of emergency.
h. To cross the highway, when necessary, as follows:
1. Upon alighting from bus, stand at the side of the road ten (10) feet in front of the bus, within sight and hearing of the driver and wait for his signal to cross the road or proceed to the park strip.
2. Upon signal from the driver, look both ways and proceed in front of the bus across the road or to the park strip.
i. To ride assigned bus only. Any change must be requested in writing by the parent and receive written approval of the principal before implementation of the requested change.
j. Students are prohibited from disembarking at other than the assigned bus stop unless authorized in advance by the school administration. Adopted 7/2/96
Auth: 230.22, F.S. Imple: 232.25, F.S.
(2) School Bus Violations
Any pupil who persists in disorderly conduct on a school bus shall be reported to the principal by the driver of the bus. After investigating the degree and severity of the student’s misconduct, the principal of the school the student attends may administer disciplinary consequences at the school level up to and including suspension of transportation to and from school and school functions at public expense, out-of-school suspension and/or recommendation for expulsion.
a. Definitions
Acts which distract the bus driver from giving full attention to the roadway and which ultimately pose a direct threat to the safety of the students riding the bus or to the safe operation of the school bus.
b. Examples of Violations
School Bus Safety Rules shall be distributed to students upon enrollment and posted in the front of ALL school buses. Any infraction shall be considered a violation. c. Procedures
1. The bus driver will submit a written referral to the principal whenever students violate Bus Safety Rules and fail to heed the verbal warning of the Bus Driver.
2. The principal will review the reported incident with the student.
3. Parents will be notified.
4. A proper and accurate record of the offense and the disciplinary action will be maintained by the administrator.
d. 1st Offense
A warning, alternative action or suspension from the bus.
e. Repeated Offenses Amended 7/21/98
1. Second offense - Suspension of bus riding privileges/afternoon detention. Action waived if parent attends a conference at the school with the principal, bus driver and Transportation Supervisor. Alternative action is an administrative option for ESE Students. Amended 6/29/93
2. Third offense - Three (3) day suspension of bus riding privileges or one (1) day for ESE students. A follow-up IEP meeting will be scheduled for Exceptional Students. Amended 6/30/92 & Amended 6/29/93
3. Fourth offense - Ten (10) day suspension of bus riding privileges and Discipline Review Hearing for Exceptional Students. Amended 6/30/92
4. Fifth offense - Permanent revocation of bus riding privileges for remainder of the school year. Amended 6/30/92 & 6/27/00
7.3.2 Misbehavior
Actions by students, which show disrespect for any school personnel, intimidation, fighting, violent antagonism toward classmates, or general misconduct, which disrupts the learning situation, shall not be tolerated. If a situation cannot be handled by the teacher, it shall be referred to an administrator. Behavior described in this rule shall be responded to swiftly, with appropriate disciplinary action.
Auth: 230.22, F.S. Imple: 231.09(2), 230.2313(1)(c), 230.23(11)(c),231.085, 232.16-232.28, F.S.
7.3.3 Dangerous or Disruptive Items
A. Any item used by a student which disrupts class order, detracts from attention to instruction, defaces school property, or in any way endangers the safety of any student, may be taken by the teacher and turned over to the principal. The Principal shall take appropriate disciplinary action for the offense. Students shall not carry any object that is usually considered to be a weapon, such as a knife or other dangerous and harmful object or any realistic facsimiles. A principal who finds a student to be in possession of a weapon or dangerous and harmful object will take the appropriate disciplinary action for a level IV violation of the Code of Student Conduct. Amended 6/29/93, 6/28/94 & 7/21/98
B. No student shall, while on the grounds or in any building owned or operated by the School Board of Osceola County, FL, possess carry or transport on or about his/her person or in any vehicle or other conveyance or discharge any firearm or other weapon as defined in Section 790.001 Florida Statutes. Any student violating this policy shall be recommended to the Superintendent for expulsion. Any such student not enrolled in an Exceptional Student Education program who is determined to have brought a firearm or other weapon as defined in Section 790.001 to school, to a school function or onto any school-sponsored transportation will be expelled with or without continuing educational services, from the School District of Osceola County for a minimum period of not less than one full calendar year and referred for criminal prosecution. Adopted 6/29/93 & Amended 6/27/95 & 6/19/01
The School Board of Osceola County may assign a student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Adopted 6/19/01
The Superintendent may consider the 1-year expulsion requirement on a case-by-case basis and request the School Board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system. Adopted 6/19/01
Auth: 230 .23, F. S. Imple: 231.09(2), 230.2313(1) (c), 230.23(11) (c), 231.085,232.16-232.28, 120.53, 230.23(6),230.22(8)(c) and 120. 57 (1), F. S.
7.3.4 Willful Disobedience
Students shall at all times show proper respect for staff members. Appropriate disciplinary action shall be taken if any student willfully disobeys a staff member, and shall depend upon the degree and intent of disobedience. Amended 7/2/96
Auth: 230.22, F.S. Imple: 231.09(2,230.2313(1) (c), 230.23(11) (c), 231.085, 232.26-232.28, F.S.
7.3.5 Wearing Apparel and Accessories - Dress Code Policy Revised 5/2/00, Amended 5/8/01
A. The school, as a center of learning, shall provide for the development of habits and attitudes conducive to acceptable wearing apparel, and good grooming. Wearing apparel shall not be of the type which would detract from the primary purpose of the school, which is academic instruction, nor shall accessories carried by children to school be disruptive to the conduct of the school or hazardous to student welfare.
B. Students are required to wear appropriate clothing as set forth in this Policy. The Board adopted "Dress Code Policy" is based on the situation and the grade level of the students. Inappropriate clothing and appearance are disruptive to the school program and Principals shall enforce compliance with this Policy by those students within their jurisdiction. Adopted 5/2/00
C. Violations of this Policy: Violations of this Policy shall be treated as disruptive behavior in violation of the Student Code of Conduct. However, Policy violations shall not carry over on the student’s discipline record to subsequent years. This Policy shall apply to students at all times when they attend school or any school sponsored event. Adopted 5/2/00
This policy shall be applicable in its entirety, except where a specific section may be directed toward a select group of students. All persons subject to this policy shall comply with all sections of it. Adopted 5/2/00
D. Wearing apparel, which tends to identify association with secret societies as prohibited in Florida Statutes, shall not be worn. Adopted 6/28/94
E. Cleanliness of the physical person consistent with the maintenance of good health and to avoid offensiveness to others is mandatory. Amended 5/2/00
F. Schools, with the involvement of the school advisory council, may adopt a school uniform. Participation by students will be voluntary. Students who choose not to wear the school-adopted uniform will be required to conform to the Dress Code Policy. Amended 11/7/95 & 5/2/00
G. In Postsecondary programs, some programs may require uniforms. Continued enrollment in these programs shall be contingent on the students' adhering to all uniform requirements and standards. Adopted 7/2/96
H. General Dress Code Requirements: Adopted 5/2/00
(1) Shirts and Blouses: Shirts or blouses are not required to be tucked into the waistband of pants, shorts or skirt. Sleeveless shirts or blouses are allowed. However, midriff, upper torso and undergarments may not be exposed. The size of shirts or blouses shall be appropriate to the student’s body size and shall not be unduly oversized or undersized. Spaghetti straps, tube tops, halter tops, midriff tops, tank tops or clothing that exposes the upper torso are not allowed. The Principal's determination as to whether or not shirts and blouses are appropriate to the student’s body size shall be determinative and final. Amended 5/8/01
(2) Pants: Pants shall be worn so that the waistband is worn at the waist and not below the waist. The size of the pants shall be appropriate to the student’s body size and shall not be unduly “oversized.” Belts are optional and if worn must be of appropriate size and fastened in a customary manner. The Principal's determination as to whether or not pants and/or belts are appropriate to the student’s body size or whether pants and/or belts are “unduly oversized” shall be determinative and final. Amended 5/8/01
The width of the legs of pants shall not be unduly “oversized” and shall be appropriate in consideration of the particular student’s body size. The Principal's determination as to whether or not the width of pants legs are appropriate to the student’s body size or whether the width of pants with regard to the particular student are “unduly oversized” shall be determinative and final.
(3) Skirts and Dresses: The hem of girls' skirts or dresses shall be no shorter than the tip of the fingertips when both arms are extended by the side. The Principal’s determination as to the appropriate length of skirts and dresses shall be determinative and final. Amended 5/8/01
(4) Appropriate Sizes: Students shall wear clothing of appropriate size as determined by the Principal.
(5) All students shall wear shoes/footwear. Elementary and middle school students' shoes/footwear shall be closed toe and heel so as to protect the entire foot. High school students may wear sandals provided they have a back strap and a strap over the toes. Platform shoes may not be worn. Amended 5/8/01
(6) The decision as to whether or not clothing or the appearance of a student is in violation of this Policy shall be made by the Principal, and such decision shall be determinative and final as to the matter being decided. The exercise of this discretion shall be subject to legal standards for the reasonable exercise of discretion by the school administrators, but to the greatest extent permitted by law, deference shall be afforded to school officials in their exercise of discretion in the implementation of this Policy. This provision regarding the discretion of school officials shall apply to each subsection and portion of the entire Policy.
I. Unacceptable Attire: Students are not allowed to wear clothing, jewelry, buttons, haircuts, tattoos, makeup, or other attire or markings which are offensive, suggestive, or indecent, including but not limited to: Adopted 5/2/00
(1) Clothing associated with gangs;
(2) Clothing encouraging the use of drugs, alcohol, or violence;
(3) Clothing associated with discrimination on the basis of age, color, handicap, national origin, marital status, race, religion, or sex;
(4) Clothing (or lack thereof) exposing any portion of the torso or upper thighs such as see-through garments, mini-skirts or mini-dresses, halters, backless dresses, tube tops or tank tops or shirts, bare midriff outfits, or shirts or blouses tied at the midriff;
(5) Clothing deemed by school officials to be so revealing as to disrupt, or potentially disrupt, good order and the education program;
(6) Clothing or outer garments traditionally designed as undergarments such as boxer shorts, bloomers, tights, or hosiery (except where tights or hosiery are worn appropriately);
(7) Clothing or footwear that is construed by the Principal in such person’s reasonable judgment to be hazardous or dangerous to health or safety; or
(8) Hats, headgear, or any head covering, except when approved by the Principal.
J. Shorts: Students may wear hemmed walking shorts, or Bermuda shorts, only if the wearing of shorts has not been revoked and they are appropriate for safety or employment training purposes, as provided hereinafter. In all situations in which shorts are permissible to be worn, the shorts shall extend to the tip of the fingertips when both arms are extended by the side. The Principal’s determination as to the appropriate length of the shorts shall be determinative and final. Adopted 5/2/00 & Amended 5/8/01
(1) Unacceptable Shorts: Athletic shorts including spandex-style "bicycle" shorts, cut-off jeans, frayed jeans or pants, cut-off sweat pants, short-shorts, running shorts, and see-through boxer-type shorts are not permitted.
(2) Vocational-Technical Centers: For safety and employment training purposes, students enrolled at the vocational-technical centers will wear the uniform of the program. If there is no uniform, this rule shall apply.
(3) Revocation of Shorts Privilege for Excessive Violations: If an individual school's School Advisory Council ("SAC") determines that too many students have abused the shorts policy, the Principal may revoke the shorts privilege at that particular school so that the entire student body will not be allowed to wear shorts to school during the next semester. In such cases, the Principal may elect to prohibit wearing shorts to school at that particular school during subsequent semesters or school years or reinstate the privilege of wearing shorts to school, as the Principal, in consultation with the SAC, may deem appropriate. Amended 5/8/01
(4) The Principal may revoke the shorts privilege of a student who violates the provisions of the shorts policy twice in one semester. Adopted 5/8/01
K. Dress Code Policy: Subject to the terms and conditions set forth below the School Board has adopted this Policy pertaining to all students as follows: Adopted 5/2/00
(1) Findings: Based upon evidence presented to the School Board, the recommendations of the Superintendent and the Superintendent’s staff, and the opinions of parents/guardians, educators and others with knowledge, experience and expertise regarding student behavior and discipline, the School Board finds that public schools in Osceola County may realize significant benefit by the adoption of a uniform dress code policy. The Board also finds that other public schools throughout the country have employed student dress code policies and that this promotes improved school spirit with students having greater pride in their school's appearance and greater respect for the school facilities.
(2) Purpose and Intent: In adopting this Policy it is the School Board's purpose and intent to enable all of the public elementary, middle and high schools in Osceola County to experience improved school spirit, with students having greater pride in the appearance of their schools and greater respect for school authority and school facilities.
(3) Scope: This Policy shall apply to all students enrolled in any public school under the jurisdiction of the School Board of Osceola County, Florida.
(4) Charter/Magnet Schools: In the event that a Charter or Magnet school has a more stringent student dress code policy, such policy shall take precedence over the Dress Code Policy described herein.
(5) Outer Garments: The dress code policy shall not prohibit students from wearing coats or jackets when necessary due to weather conditions or for other legitimate reasons, although coats or jackets shall be the appropriate size for the student, shall not be overly baggy, nor violate any other provision of this Policy. Long overcoats that might serve to conceal contraband shall be removed immediately upon arrival at the school or function.
(6) Alternative Education Programs: Students assigned to an Alternative Education Program shall be required to dress in accordance with the Dress Code Policy in effect at the Alternative Education Program, and in the absence of such a policy, then those students shall comply with this Policy.
(7) Breach of Conduct: Repeated violations of the Dress Code Policy shall be treated as disruptive behavior under the Student Code of Conduct.
(8) Violation of the Policy for Unacceptable Appearance (Not Necessarily Clothing): It will be a violation of this Policy for a student to attend school or any school-sponsored event or function held during the school day with any visible body piercing, except for earrings on the ears. It will also be a violation of this Policy for any student to have his or her hair cut or worn in such manner, or colored in such manner, in an extreme fashion such that the Principal, within the reasonable exercise of his or her discretion, determines it is so distracting or disruptive that it interferes with the orderly educational process. By way of illustration only, and not by way of limitation, examples of unacceptable hair color or style would be extremely garish neon colors, orange, purple, green (or other unnatural colors), color patterns such as plaid or stripes, Mohawk style, extreme spiked hair and similarly unusual and distracting hairstyles. Further, it will be a violation of this Policy for a student to wear makeup that is not within the acceptable standards for the school or community such that the Principal, within the reasonable exercise of his or her discretion, determines it is so distracting or disruptive that it interferes with the orderly educational process.
L. Exemption: Exemptions to the Dress Code Policy shall be permitted by the Principal upon appropriate documentation. In the event the wearing of clothing in compliance with the Dress Code Policy violates a student’s sincerely held religious belief, or materially impacts a student’s documented medical condition, then such student and the student’s parent/guardian shall submit a signed affidavit setting forth the religious or medical issue and the requested exemption to the Dress Code Policy. The Principal may request additional documentation to substantiate the requested exemption and the student and student’s parent/guardian shall provide the additional documentation as requested. Adopted 5/8/01
The Principal, within the reasonable exercise of his or her discretion, shall determine if an exemption to the Dress Code Policy is appropriate, and communicate that decision to the student and the student’s parent/guardian. Adopted 5/8/01
Auth: 230. 22, F. S. Imple: 231.09(2), 230.2313(1)(c),230.23(11)(c), 231.085, 232.26, 232.28, F.S.
7.3.6 Public Affection
Students shall conduct themselves at all times in a responsible manner in accordance with appropriate school standards. Amended 7/2/96
Auth: 230. 22, F. S. Imple: 231. 09 (2) and 232.25, F.S.
7.3.7 Intoxicants, Hallucinogenic Drugs and Medications Amended 7/2/96 & 7/21/98
A. Students found to be in possession of or under the influence of intoxicating beverages or drugs or combinations of drugs having hallucinatory effects at any school function or on school property shall be suspended under Level IV Procedures in the Code of Student Conduct. If the use of intoxicants or hallucinogenic drugs is discovered through the application of the random drug testing policy, the procedures in that policy shall apply. Amended 5/2/00
B. Students found to be in possession of drug paraphernalia while on school property or at any school function shall be suspended under Level IV Procedures in the Code of Student Conduct. Amended 7/23/91
C. The Principal shall suspend and recommend to the Superintendent for expulsion any student found to be selling or offering for sale a non-controlled substance as a controlled substance under Level IV Procedures in the Code of Student Conduct.
D. Students found to be selling, offering for sale, or giving away any intoxicant, drug, controlled substance or that which is presented as a controlled substance while on school property or in attendance at a school function shall be recommended to the Superintendent for expulsion under Level IV Procedures in the Code of Student Conduct. Amended 7/23/91 & 6/28/94
E. Students will not be allowed to possess, use or distribute medication on campus. Students found to be in violation of this policy shall be subject to disciplinary action as recommended in the Code of Student Conduct. Adopted 7/2/96
Auth: 230.22, F.S. Imple: 230.26(2) and (3), 120.57, Chapters 404 and 893, F.S.; SBR 6A-1.956.
7.3.8 Use of Tobacco
Students shall not be permitted to use or possess tobacco in Osceola County school buildings or on school grounds.
Students may also be subject to State or Federal sanctions for smoking on school premises. Adopted 7/2/96
Auth: 230.22, F.S. Imple: 231.085 and 232.25, F.S.
7.3.9 Skipping and Excessive Absence (Truancy)
Any student who fails to attend class and has no acceptable excuse for his absence shall be considered truant and referred to the appropriate administrator for punishment. Every effort should be made for the student to make up the time and work missed in after-school detention. Parents shall be notified of unexcused absences and of after-school detention resulting there from, in accordance with Board Rule 7.2.4. No student who is required by law to attend school shall be suspended for unexcused absence or truancy. Students sixteen (16) years of age or older may be suspended for unexcused absence or truancy.
Auth: 230.22, F.S. Imple: 230.2313(3)(c), 232.08, 232.10, and 232.27,F.S.
7.3.10 Theft and Pilfering
Any student involved in the act of stealing or in possession of stolen property may be suspended from school. In such cases, the attendance of parents or guardians at a conference with school officials shall be requested. Thefts shall be reported to the proper authorities. Efforts shall be made to secure reimbursement or replacement of the money or items taken.
Auth: 230.22, F.S. Imple: 232.26, F.S.
7.3.11 Blackmail and Extortion
Any student, who blackmails or otherwise threatens any person for payment of money or any other consideration, may be suspended from school and parents or guardians shall be called for a conference with school officials. In such cases, efforts shall be made to secure reimbursement or otherwise recover damages. The appropriate law enforcement agency will be notified.
Auth: 230.22, F.S. Imple: 232.26, 120.53(1), 230.23(6), and 230.33(8)(c), F.S.
7.3.12 Profanity
Profanity shall mean any profane, vulgar, or unnecessarily crude utterance or gesture, whether directed toward a teacher or classmate, or merely done overtly. Such instances shall be handled by the teacher, if possible, and referred to the appropriate administrator if further action becomes necessary.
Auth: 230.22, F.S. Imple: 232.26 and 232.27, F.S.
7.3.13 Vandalism and Burglary
Destruction of or damage to school property due to burglary or vandalism shall be reported immediately to the police or sheriff's department and to the Superintendent. The immediate area of the loss or damage shall be kept clear of personnel, and nothing shall be moved or touched, until the proper law enforcement agency has made an investigation.
A full and complete report of loss or damage shall be made to the Superintendent as soon as possible following the investigation.
Appropriate action against any student known to have committed vandalism shall include having the parents or guardians come to the school for a conference with school officials and an arrangement for restitution for damage. A student eighteen (18) years of age, or the parents of a minor student found guilty of damaging, defacing, taking or destroying school property, either during school hours or at any other time, shall be required to repay the cost of repairing the damage, and the student may be subject to a penalty of suspension from school for a period up to ten (10) days, and/or face expulsion from school.
Auth: 230.22, F.S. Imple: 741.24, 232.26, 120.53(1), 230.23(6),230.33(8) (c) and 120.57. (1), F.S. 7.3.14 Arson
Any student who deliberately sets fire or attempts to set fire to school property shall be suspended for a maximum of ten (10) days or until parents or guardians can be contacted for a conference with school officials and arrangements made for restitution. The penalties for arson may include expulsion from school. Incidents of arson shall be reported to the appropriate fire department and police officials.
Auth: 230.22, F.S. Imple: 741.24, 232.26, 120.53(1), 230.23(6)230.33(8)(c), and Chapter 806, F.S.
7.3.15 Assault and/or Battery Adopted 6/27/95
A. The principal shall have the authority to suspend or recommend for expulsion any student for simple assault, assault and battery, aggravated assault or aggravated battery against another student.
B. The principal shall have the authority to recommend for expulsion any student for simple assault, assault and battery, aggravated assault or aggravated battery against any School Board employee or School Board member.
The above shall include incidences which occur both on or off School Board property when directed at employees of the School District of Osceola County, Florida or their families.
7.3.16 Destruction of Personal Property or Harassment of School Board Employees
The principal shall have the authority to suspend, or to recommend for expulsion, any student for disturbing or bringing harm against a teacher, Board Member, or any employee of the Board; or disturbing or inflicting damage upon a home or personal property of any of them; or insulting any of the aforementioned persons in a public place. Amended 6/28/94
Auth: 230.22, F.S. Imple: 232.26, F.S.
7.3.17 Bomb Threats
The principal shall recommend to the Superintendent the expulsion of any student conspiring or making a report concerning the placing or planting of any bomb, dynamite or other explosive device.
Any student who is determined to have made a threat or false report, as defined by ss. 790.162 and 790.163 (Bomb Threat, Explosive or Destructive Device and/or Projectile) involving school or school personnel's property, school transportation or school-sponsored activity will be expelled, with or without continuing educational services from the student's regular school for a period of not less than one full year and referred for criminal prosecution. Adopted 6/19/01
The School Board of Osceola County may assign a student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Adopted 6/19/01
The Superintendent may consider the 1-year expulsion requirement on a case-by-case basis and request the School Board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system. Adopted 6/19/01
7.3.18 Continued Incorrigibility
In cases where students are suspended out of school in excess of fifteen (15) days per year, the principal may forward a recommendation for expulsion to the Superintendent. This recommendation must contain documentation of counseling activities and strategies, evidence of requests for parent conferences, review of records for evidence of possible handicaps, and other interventions intended to improve the student's performance in school. Amended 6/28/94
7.3.19 Sexual Harassment/Hostile Environment Adopted 6/30/92
Students must refrain from creating a hostile environment for their peers by expressing verbal comments, sexual name calling, gesturing, spreading sexual rumors or other behaviors which are intended to degrade their classmates.
7.3.20 Gang Related Apparel, Appearance or Activity Adopted 6/27/95 & Amended 7/2/96
Any student whose appearance or apparel suggests affiliation with gang membership or activity may be suspended from school. Parents will be notified that further offenses may result in the student’s expulsion from school.
7.3.21 Native Language Adopted 6/30/92
Students have the right to and will not be disciplined for speaking responsibly in their native language.
7.3.22 Beepers, Pagers and Cellular Phones Adopted 7/2/96, Amended 6/15/99
A. No student shall, while on the grounds or in any building owned or operated by the School Board of Osceola County, Florida, possess, carry and/or transport on or about his person any personal communication devices such as a cellular phone. Such devices may be built-in or kept securely locked in the student’s personal vehicle.
B. No student shall, while on the grounds or in any building owned or operated by the School Board of Osceola County, Florida, possess, carry and/or transport on or about his person any personal communication devices such as alarm devices or telephone pagers/beepers without proper authorization.
Authorized possession and/or use shall be as follows:
1. The device and the legitimate purposes shall be determined by the principal and shall be registered with the principal; and
2. The device must be concealed (non-visible) and set to non-audible mode.
C. Students in postsecondary programs may receive waivers to this rule as prescribed by the administrator in charge of the program.
7.3.23 False Accusations of Misconduct Adopted 6/17/97
Students shall refrain from making intentional and willful false accusations of misconduct directed toward their classmates. In the case of a false accusation, the student lodging the complaint will receive the same punishment as would have been received by the wrongly accused individual. The offense level may be adjusted at the discretion of the principal considering misdirected staff time; damage to the wrongly accused student and his/her family; and the age of the student making the false accusation.
7.3.24 Legal
None of the foregoing shall be construed in such a manner as to violate any federal, state or community law. Breaches of such law may be reported to appropriate non-school authorities for separate prosecution.
Auth: 230.22, F.S. Imple: 230.23(12), F.S.
7.4 CORPORAL PUNISHMENT
Corporal punishment shall be defined as the moderate use of physical force or physical contact by the principal or designee as may be necessary to maintain discipline or to enforce school rules. Corporal punishment shall be limited to the use of the open hand, ruler or paddle as approved by the principal. It shall be directed only to the student's buttocks or back of the thigh. The student shall receive no more than three (3) licks for any one offense. Students shall not receive corporal punishment more than once in a forty-eight (48) hour period. If a discipline problem warrants corporal punishment immediately following the forty-eight (48) hour period, an attempt to contact the parent/guardian should be made prior to it being administered. Amended 6/29/93
Any student shall be exempt from corporal punishment upon request in writing from the parents or guardians to the principal, prior to the time a problem arises. The request shall be renewed yearly. If a parent requests exemption from corporal punishment, the parent shall also agree to the child's suspension or expulsion from school until the problem is solved. Parents who request exemption from corporal punishment may change this decision after a conference with the principal, by a statement in writing.
Any student exempted from corporal punishment due to parental request, and suspended, may also be subject to expulsion.
A. The use of corporal punishment shall be approved in principle by the principal before it is used and shall be in accordance with Florida Statutes. Amended 6/29/93
B. The principal or designee may administer corporal punishment only in the presence of another adult who is informed beforehand, and in the student's presence, of the reason for the punishment. Corporal punishment shall be limited to the use of the open hand, ruler, or paddle as approved by the principal directed only to the student's buttocks or back of the thigh. Amended 6/29/93
C. The principal or designee who has administered punishment shall make a record of such punishment so that the student's parent or guardian can be provided with a written explanation of the reason for the punishment and the name of the other adult who was present. This record shall be filed in the principal's office at the end of each school day. The Superintendent shall prescribe the appropriate forms for keeping these records. Amended 6/29/93
Nothing herein shall be construed in such a manner as to authorize the violation of Federal or State law, or State Board of Education regulations. 7.5 SUSPENSION AND EXPULSION
7.5.1 Suspension
It is the policy of this Board that maintaining good discipline in all schools is essential to the proper and orderly preservation of the educational and extracurricular programs to all students. It is recognized that suspension is both a form of punishment for misconduct and a method to ensure the orderly conduct of the school programs for all students. Suspensions shall be made with due regard for all these factors.
A. Length and Reasons
A principal may suspend a pupil from school for a period not to exceed ten (10) days, for willful disobedience, open defiance of authority of a member of the staff, use of profane or obscene language, other serious misconduct, or repeated misconduct of a less serious nature; any act or conduct which disrupts or tends to disrupt the orderly conduct of the school, or any other conduct for which suspension or expulsion is either required or permitted by the Code of Student Conduct, any other Rule of the Board, Rule of the State Board of Education or Statute.
B. Exceptional Education Student
Except for the gifted, no exceptional education student may be suspended for more than nine (9) days for one offense. If an exceptional student is suspended, prior to the end of nine (9) days of suspension or prior to ten (10) days of cumulative suspension throughout the year, an IEP meeting shall be held to review the student's program and placement. Amended 7/23/91
A profoundly handicapped, trainable mentally handicapped, or autistic child shall not be suspended until an IEP review has been held to review the behavior which has caused the school to recommend such suspension. Such review should include at a minimum the principal or designee, exceptional student education administrator or designee, Resource Compliance Specialist, a district Behavioral Analyst, the child's teacher, and the child's parent. Adopted 6/30/92
C. Unexcused Absences or Truancy Amended 6/19/01
In accordance with 232.26 Florida Statutes, no student shall be suspended for unexcused tardiness, lateness, absence, or truancy. D. Semester and Grade Period Tests Revised 6/19/01
Semester and grade period tests missed during any period of suspension may be made up.
Principals shall contract with a suspended student to make up work assigned during a period of suspension.
(1) Teachers will provide a suspended student with a list of homework assignments during the time of suspension.
(2) The student shall be responsible for completing the assignments in order to "keep up" with peers and to better prepare for any up-coming major test or examination.
(3) Homework should be checked and feedback provided to the student.
(4) The decision to grant credit for the work will be at the discretion of the principal of the school.
(5) The out-of-school suspension shall be considered an unexcused absence for attendance purposes.
E. Procedure
(1) Prior to suspension, a good faith effort shall be made by the principal or his designated representative to employ parental assistance or other alternative measures to suspension, except in the case of emergency or disruptive conditions which require immediate suspension or in the case or a serious breach of conduct. A serious breach of conduct is hereby defined as any Level IV offense as set forth in the Code of Student Conduct, and any other act or conduct for which suspension or expulsion is required by any other Rule of this Board, Rule of the State Board of Education, or Statute.
(2) Prior to suspending a pupil for any length of time, the principal shall give to the pupil an oral or written charge against him and, if the pupil denies the charge, an explanation of the evidence supporting the charge and an opportunity for the pupil to present his side of the story. There shall not necessarily be any period of delay between the time notice is given to the pupil and the informal investigation required by this paragraph, nor shall the pupil necessarily be given the opportunity to secure legal counsel, confront or cross-examine witnesses to verify his version of the incident. However, the principal may exercise his discretion in the interest of fairness and justice by summoning the accuser, permitting informal cross-examination and allowing the pupil to present his own witnesses in cases where there are serious disputes of material facts and arguments about cause and effect. The student shall be given an opportunity to respond to the charges and the evidence, explain his actions, and bring to the attention of the principal any additional information. The principal shall specifically inform the student of these rights. Amended 6/29/93
(3) Following an informal investigation, the principal, at the request of the student's parents, may convene an informal hearing and offer the student an opportunity to question and cross-examine witnesses, and present testimony and further evidence. Amended 6/29/93
(4) A principal is not required to hold an informal hearing prior to suspending a student for ten (10) days or less if the student's presence poses a continuing danger to persons or property, or if the student represents an ongoing threat of disrupting the educational process. In such cases, the notice and informal hearing shall be provided as soon thereafter as is practicable. Amended 6/29/93
F. Felony Charges
Suspension proceedings may be initiated, in accordance with Florida Statutes, against any student who is formally charged with a felony by a proper prosecuting attorney for an incident which allegedly occurred on property other than public school property, if that incident is shown, in an administrative hearing with notice provided to the parent or legal guardian or custodian of such pupil by the principal of the school to have an adverse impact on the educational program, discipline or welfare in the school in which the pupil is enrolled. The student may face alternative placement or suspension until the determination of guilt or innocence, or dismissal of the charge is made by a court of competent jurisdiction. The hearing officer shall make a decision regarding suspension or non-suspension during the time prior to the official sentencing of the student. If the student is found guilty of a felony, measures may be taken in accordance with Florida Statutes. Amended 6/29/93, 6/28/94, & 6/27/95 G. Controlled Substances
(1) Any pupil who is subject to discipline or expulsion for unlawful possession or use of any substance controlled under Chapter 893, F.S. may be entitled to a waiver of the discipline or expulsion if he divulges information leading to the arrest and conviction of the person who supplied such controlled substance to him. Amended 6/29/93
(2) Any pupil subject to discipline or expulsion for unlawful possession or use of any substance controlled under Chapter 893, F.S., may receive a waiver of the discipline or expulsion if the pupil commits himself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.
(3) When a student is formally charged with a felony by a proper prosecuting attorney for the unlawful possession, sale, or use of any substance controlled under Chapter 893, F.S. the principal shall, in accordance with Section 232.26 (2) F.S., conduct an administrative hearing for the purpose of determining his or her guilt. Proper procedures shall be followed by the principal in instituting and conducting the administrative hearing; however, the School Board may, upon written approval of the Commissioner, utilize its own hearing policy in lieu of this rule.
H. If a suspension is assigned, the principal shall immediately notify the Superintendent and the suspended student's parents or guardians in writing within 24 hours of the action taken and the reasons for the suspension. The written notification shall be sent via the United States Postal Service.
In addition, the Principal or his/her designee shall make a good faith effort to notify the parent or guardian by telephone prior to initiating the suspension.
Auth: 230.22, F.S. Imple: 120.53(1), 230.23(6), 230.33(8)(c), and 232.26, F.S.
7.5.2 Expulsion
A. Expulsion From School Amended 6/29/93 & 6/17/97
Expulsion from school shall be authorized only by the School Board. If a principal requests expulsion of a student from school, a written request shall be sent to the Superintendent. The principal may recommend to the Superintendent that a student's suspension be extended by the Superintendent until the next administrative hearing regarding expulsion recommendations. The Superintendent in turn shall notify the parents or guardians in writing of the charge against the pupil, including the rule violated and pupil's alleged conduct. The parents or guardians, and the student shall be informed of their right to request a hearing before the School Board regarding the expulsion recommendation. They shall also be informed of their right to obtain legal counsel at no cost to the School Board, to call and examine or cross-examine witnesses, to introduce evidence and to submit rebuttal evidence. If no hearing is requested, the expulsion recommendation shall be placed on the consent agenda of the next possible meeting of the School Board. If the parents or guardians or student request a hearing, notice shall be given of such meeting according to Florida Statutes. Any hearing that is conducted at parent or guardian or student request must be a closed hearing, as provided in the Administrative Procedures Act, 120.57(2), Florida Statutes, unless an open hearing is requested by the parents, guardians or student. At the hearing the pupil may be represented by his parents or guardians or by counsel, and all parties may introduce and examine evidence, call and examine or cross-examine witnesses, and submit rebuttal evidence. The rules of evidence observed by courts shall not be applicable. Any party may, at his own expense, have the right to record and have transcribed the proceedings of the entire hearing. The decision of the Board shall be based solely upon evidence presented at the hearing, and a copy of the findings of fact and the decision of the Board shall be furnished to the pupil in writing.
School staff will have the authority to confiscate forbidden items which would be used as evidence in an expulsion recommendation and later returned to the parent/guardian.
Controlled substances will be handled in accordance with Florida Statutes and other applicable laws and regulations.
The School Board of Osceola County, may assign a student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Adopted 6/19/01 The Superintendent may consider any mandatory 1-year expulsion requirement on a case-by-case basis and request the School Board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system. Adopted 6/19/01
B. Exceptional Education Student Adopted 7/23/91
In accordance with State Board Rules, when an exceptional (nongifted) student's behavior could warrant expulsion consistent with the District's policies, the following provisions shall apply:
(1) A staffing committee shall meet to determine whether the misconduct is a manifestation of the handicap and to determine the appropriateness of the student's current education placement. The membership of the staffing committee shall be in accordance with State Board Rules. Amended 6/29/93
(2) If the misconduct is a manifestation of the student's handicap, and then the student may not be expelled; however, a review of the individual educational plan shall be conducted and other alternatives considered.
(3) If the misconduct is not a manifestation of the student's handicap, then the student may be expelled; however, any change in placement shall not result in a complete cessation of special education and related services.
(4) A suspension of an exceptional education student shall not be extended beyond nine (9) days. If the district believes that an exceptional education student should be kept out of his or her educational program for greater than nine (9) days to ensure the safety of that student and others, the district shall seek an injunction from the district or federal court to that effect. Adopted 6/29/93 Amended 6/28/94
Any recommendation for the expulsion of a handicapped student shall be made in accordance with the rules promulgated by the State Board of Education and Federal Regulations outlined in the Individuals with Disabilities Education Act (IDEA). Amended 6/19/01
C. Withdrawal From School Amended 12/15/92
(1) If a student withdraws from school before the expulsion recommendation is heard by the Board, the recommendation may be held in abeyance until the end of the recommended period of expulsion. If the student re-enters any Osceola County Public school during the recommended period of expulsion, the recommendation for expulsion may be presented to the Board at the first meeting date that falls ten (10) days after the date of enrollment.
(2) Upon the recommendation of the Superintendent, the expulsion hearing for a student accused of a serious breach of the Code of Student Conduct, including but not limited to violence against staff members and other students, sale of drugs on campus, or weapons violations may be referred to the School Board for action regardless of the student's enrollment status.
D. Withdrawal in Lieu of Expulsion
If district personnel offer withdrawal from school as an alternative to expulsion, they shall inform parents, guardians and/or students of the right to a hearing to review and challenge the recommendation for expulsion and of the corresponding rights, which accompany the right to the hearing. At that time, parents shall also be provided with information regarding their obligation to home instruct their child if he or she is withdrawn from school and the student is of mandatory school age. Adopted 6/29/93
E. Returning to School
A student returning to school after an expulsion or recommendation for expulsion shall be placed on a Behavior Contract for a period of time (not to exceed one school year) as designated by the principal of the school in which said student enrolls. Amended 6/30/92
F. Any student who has committed an expellable offense or who has been charged or convicted of a felony off school property, who has been administratively assigned/placed in an alternative setting in lieu of expulsion, will not be allowed on any other Osceola County School District property, nor be allowed to participate in the extracurricular activities of any other school for the duration of the student's enrollment in the alternative program. Adopted 6/15/99
G. The assignment/placement in an alternative program in lieu of expulsion precludes enrollment at any other School District of Osceola County school, including any affiliated charter school. The student will not be allowed to withdraw from the alternative program to attend any other School District of Osceola County school, or affiliated charter school before the prescribed behavioral program is completed. Adopted 6/15/99
Auth: 230. 22,
F. S. Imple: 230.23(6)(c), 232.26, 230.33(8)(c), and 120.57(1), F.S. |