This CODE has been written so students and family - News 13

This CODE has been written so students and family - News 13
PARENT AND STUDENT ACKNOWLEDGMENT
This CODE has been written so students and family members know what
behavior is expected and prohibited at school or at school activities. It is helpful
if parents are aware of school rules so they can help support them from home.
Failure to return this acknowledgment will not relieve a student or the parent(s)
from the responsibility for knowledge of the contents of the Code of Student
Conduct.
I have read the Code of Student Conduct, Section II: Public Notices and
reviewed the Code of Student Conduct.
_________________________
Student Last Name, First Name
_____________________
Student Signature
_________
Date
_________________________
Parent Name
_____________________
Parent Signature
_________
Date
_________________________
Homeroom Teacher
пЃѓ PLEASE DETACH AND HAVE YOUR CHILD RETURN THIS PAGE TO
SCHOOL AFTER SIGNING THE ACKNOWLEDGMENT.
*Whenever the term “parent” is used, it also refers to legal guardian.
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THE SCHOOL BOARD OF MARION COUNTY
OCALA, FLORIDA
CODE OF STUDENT CONDUCT
Marion County Public School students are subject to the rules and regulations of the Marion County
School Board during the school day and regular school activities; while being transported on school
buses or at public expense to and from school or other education facilities; at such time and places
including, but not necessarily limited to, school sponsored events, field trips, athletic functions, and other
activities where appropriate school personnel have jurisdiction over students. In addition, jurisdictional
control over the student may be extended to the immediate vicinity of the school whenever the conduct of
the student is deemed to have a detrimental effect on the health, safety, and welfare of other students
and/or of the school.
See School Board Policies online at
www.marion.k12.fl.us/dept/hrm/policies.cfm
BOARD POLICIES
CHAPTER ONE: DISTRICT PHILOSOPHY
CHAPTER TWO: SCHOOL BOARD GOVERNANCE AND ORGANIZATION
CHAPTER THREE: SCHOOL ADMINISTRATION
CHAPTER FOUR: CURRICULUM AND INSTRUCTION
CHAPTER FIVE: STUDENTS
CHAPTER SIX: HUMAN RESOURCES
CHAPTER SEVEN: BUSINESS SERVICES
CHAPTER EIGHT: AUXILIARY SERVICES
CHAPTER NINE: SCHOOL-COMMUNITY RELATIONS & INTERLOCAL AGREEMENTS
TABLE OF CONTENTS
SECTION I JURISDICTION OF THE SCHOOL BOARD
5
SECTION II PUBLIC NOTICES
6
Public Notices with Parental Opt-Out Provision
SECTION III STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES
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10
Wireless Communications
12
Network Access Guidelines
12
Parent Responsibilities
13
Crisis Protocol
14
Student and Family Reunification Plan
15
SECTION IV ATTENDANCE
15
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SECTION V DISCIPLINE
17
Students with Disabilities
17
Alcohol/Drugs
18
Bullying and Harassment Prohibition
18
Bus Conduct
20
Dating Violence and Abuse
20
Dress Code
20
Gangs and Gang Activity Prohibition
21
Search of Individual Student and or Student Locker/Vehicle
21
Threats or False Report of Any Destructive Device
22
Tobacco Products
22
Violence
22
Weapons and Firearms
22
Weapons Amnesty Clause
22
Alcohol Chart
23
Drug Chart
23
Weapons Chart
24
Disciplinary Response Codes
Level 1
25
Level 2
26
Level 3
27
Level 4
28
SECTION VI PROCEDURES RELATING TO DISCIPLINARY ACTIONS
29
Removal from Extracurricular/Co-curricular Programs
29
Corporal Punishment
29
Suspension from Transportation Privileges
29
Suspension from School
29
Alternative Placement
32
Felony Transfer
32
No Contact Order
33
Expulsion
34
Access to Campus and School Events
36
Early Re-Entry of Expelled Students
36
Reports to Law Enforcement Agencies
37
Reports to Department of Children and Families (DCF)
37
SECTION VII STUDENT COMPLAINTS OR GRIEVANCES
38
GLOSSARY
39
2013-14 CODE OF STUDENT CONDUCT COMMITTEE MEMBERS
44
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SECTION I
JURISDICTION OF THE SCHOOL BOARD
INTRODUCTION
The primary objective of the Marion County Public School District is to develop each student's potential for learning and to foster
positive interpersonal relationships. If this is to be accomplished, it is necessary that the school environment be free of
disruptions which interfere with teaching and learning activities. The student's conduct determines to a great extent the full
development of his/her potential for learning and the development of positive relationships.
The purpose of this document is to assist students, parents, teachers, and school administrators in the maintenance of an
environment which will enhance the achievement of the objective. To be fully effective, the Code of Student Conduct addresses
not only the role of the parents, the students, and the school, but also specifies areas relative to: responsibilities and rights of
students; grounds for disciplinary action; and procedures to be followed for acts requiring disciplinary action, including corporal
punishment.
Each school is permitted and encouraged to develop rules, procedures, and expectations for student conduct.
IN LOCO PARENTIS
State and federal law recognizes that teachers and school administrators have a need to stand in the place of parents over
children entrusted to them at school. This is a concept called in loco parentis. While this power is not equal to a parent’s power
over a child, it permits school personnel to exercise a degree of supervision and control over students that could not be
exercised over free adults.
This concept is responsible for the fact that school personnel can search without a warrant based on reasonable suspicion and
are not held to the higher standard of “probable cause” by which law enforcement is bound. This concept is responsible for the
fact that school personnel can interrogate a student without providing him or her with Miranda warnings or allowing the student to
call a parent or attorney.
MARION COUNTY PUBLIC SCHOOLS: AN EQUAL OPPORTUNITY SCHOOL DISTRICT
Students in Marion County are entitled to certain rights, standards and protections including those of due process, equal
opportunity protection, accurate and confidential record keeping, safeguards to health and safety, and access to suitable
employment. The School Board is committed to affording students the benefits of these rights, standards and protections.
Students who feel that they have questions concerning this matter have the right and the responsibility of discussing such
questions with the school’s administration.
The Marion County Public School District does not discriminate on the basis of race, color, religion, sex, age, national origin,
marital status or qualified disability in its employment practices and in its access and admission to educational programs,
services and activities.
This notice is provided as required by Title II of the Americans with Disabilities Act of 1990, the Florida Educational Equity Act of
1985, Section 504 of the Rehabilitation Act of 1973, Title IX Amendments of 1972 and the Civil Rights Act of 1964. Questions or
request for additional information regarding the above mentioned acts may be forwarded to the designated contacts.
Rose Cohen, Equity Assurance Director, ADA, Title IX and Equity Issues
(352) 671-7572 from 7:30 a.m. – 4:30 p.m. or 512 SE Third St., Ocala, FL 34471
Brian Greene, District 504 Specialist, Section 504 Inquiries
(352) 671-6860 from 8:00 a.m. - 5:00 p.m. or 1517 SE 30th Avenue, Suite 1, Ocala, FL 34471
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SECTION II
PUBLIC NOTICES
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students")
certain rights with respect to the student's education records. These rights are as follows:
1. The right to inspect and review the student's education records within 30 days of the day the school receives a request for
access. Parents or eligible students should submit to the school principal [or appropriate school official] a written request that
identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible
student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are
inaccurate. Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write
the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it is
inaccurate. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the
parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.
Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right
to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except
to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A
school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including
health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with
whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a
parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school
official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her
professional responsibility.
Upon request, the School discloses education records without consent to officials of another school district in which a student
seeks or intends to enroll. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or student
of the records request unless it states in its annual notification that it intends to forward records on request.]
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to
comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy
Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-5901.
ANNUAL NOTICE: STUDENTS WITH DISABILITIES
Parents have the right to:
1. Have your child take part in, and receive benefits from, public education programs without discrimination due to his/her
disabling condition(s).
2. Receive prior notice with respect to identification, evaluation, or educational programming for your child.
3. Have your child receive a free appropriate education.
4. Have your child receive educational services in facilities which are comparable to those provided to non-handicapped
students.
5. Examine your child’s educational programming decisions made, based on a variety of information sources and by persons
who know the student and who are knowledgeable about the evaluation data and placement options.
6. Have transportation provided to and from an alternative placement setting (if the setting is a program not operated by the
district) at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
7. Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the
district.
8. File a local grievance with the local school district’s grievance officer.
9. File a complaint with the Office for Civil Rights (OCR).
10. Take action through Civil Court.
11. Be represented by an attorney or legal counsel.
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12. Request an impartial hearing regarding district decisions concerning the identification, evaluation, or educational
programming for the students. The parent/guardian and their legal representative will have full opportunity for participation.
The hearing request must be made to the Superintendent of the District.
The hearing will be held by an impartial hearing officer qualified to hear 504 proceedings.
STUDENT RECORDS
Marion County Public Schools maintain educational records in accordance with state and federal laws. Copies of Marion County
Public Schools Student Records Policy are available for public use during school hours at each school or at the Marion County
School Board Office, 512 S. E. 3rd Street, Ocala, Florida between 8:00 a.m. and 5:00 p.m., Monday through Friday.
Parents, legal guardians or eligible students have the right to review records on their child, the right to a copy of the record (at a
cost of 15Вў per page), the right to challenge information contained in the record, the right to a hearing if the school disagrees to
change or destroy information when challenged, and the right to waive access to letters of statements of recommendations or
evaluations.
Student education records are forwarded to other schools which have requested the records and in which the student seeks or
intends to enroll.
NOTIFICATION OF STUDENT SOCIAL SECURITY NUMBER COLLECTION & USAGE
In compliance with Florida Statute 119.071(5), this statement provides notification of the purpose for the collection and usage of
student social security numbers by Marion County School Board (MCSB). MCSB collects and uses a social security number
only if specifically authorized by law to do so or it is imperative for the performance of its duties and responsibilities as prescribed
by law.
According to Florida Statute 1008.386, each district school board shall request that each student enrolled in a public school in
this state provide his or her social security number. Each school district shall use social security numbers as student
identification numbers in the management information system maintained by the school district. A student satisfies this
requirement by presenting to school enrollment officials his or her social security card or a copy of the card. The school district
shall include the social security number in the student’s permanent records.
All social security numbers are protected by federal regulations Family Educational Rights and Privacy (FERPA). To protect
identity, Marion County School Board will secure student social security numbers from unauthorized access and assign a unique
student identification number. This unique identification number will then be used for all associated education purposes.
SECONDARY SCHOOL EXTRACURRICULAR DRUG TESTING POLICY
The Marion County School Board has implemented a random drug testing policy 5.810 for all secondary school students
participating in interscholastic athletics, extracurricular activities and co-curricular activities. The “use of” or “possession of”
alcohol or drugs by a student at any time is both illegal and detrimental to that student’s ability to participate in interscholastic
athletics, extracurricular activities and co-curricular activities is hereby prohibited. Any student determined to be in violation of
this policy is subject to disciplinary action related to his or her participating in interscholastic athletics, extracurricular activities or
co-curricular activities which may include suspension or removal from athletic, extracurricular participation or co-curricular
activities.
MAJORITY TO MINORITY STUDENT REASSIGNMENT POLICY
1. The Board authorizes and supports the voluntary transfer of a student from a school in which his/her race is in the majority
to a school in which his/her race is the minority, including transfer by any minority student from a school where the total
enrollment of minority students constitutes the majority. For the purposes of this policy, “minority” refers to non-white persons.
2. Application for reassignment made on the basis of majority-to-minority may be filed at any time.
3. Transportation will not be provided by the Board for students approved for reassignment under the majority-to- minority
transfer policy.
4. In the event that space is not available due to severe overcrowding at the requested school on a reassignment request
under the majority-to-minority transfer policy the district shall offer a reasonably comparable alternative school reassignment. If
space is not available at the requested school, and the offer of an alternative is not accepted, the request shall be placed on
“hold” until such time as space becomes available. At that time, the superintendent and/or his/her designee shall contact the
originator of the request and offer the opportunity to reactivate the request.
5. Any out-of-area transfer request (reassignment request) which also qualifies as a majority-to-minority request shall be
treated as such, regardless of whether the out-of-area transfer for which the student applied would be granted or denied on the
basis for which the transfer was sought.
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Please address questions or clarifications to Mr. Tony Burke, District Supervisor for Student Assignments and Reassignments at
(352) 671-7747.
MEDICAID
In an effort to maintain and improve services provided to children within the confines of continually shrinking resources, the
School Board has been exploring alternative sources of revenue for therapy services provided to children in our school district.
The School Board has developed plans and procedures for billing Medicaid for therapy services.
Parents whose children are on Medicaid have the option of selecting the School Board to be their child’s Medicaid Group
Provider. The School Board will then be able to be reimbursed by Medicaid for part of the therapy services provided at school for
their child. This would include both, screening or therapy services. This will in no way take away from services being provided
by outside providers. If your child is on Medicaid:
1.
2.
3.
4.
5.
6.
7.
8.
You have the freedom of choice to obtain your child’s medical services from any provider you choose.
Participation in this program is not mandatory to allow your child to stay in school.
This program is not mandatory to maintain Florida Medicaid eligibility.
All information that is obtained on your child is confidential.
Only one provider, be it the school or a community provider, can receive Medicaid reimbursement for the same type of
services provided to the child per day.
If your child is already receiving therapy services from a private provider, a cooperative treatment plan can be worked out
with your current provider to ensure continued private treatment and any additional needed services from the School Board.
Participation in this program will not change the status you already have with your current doctor or group provider.
Parental consent will be requested annually concerning the release of a student’s personal and ESE information to
Medicaid.
PUBLIC NOTICES WITH PARENTAL OPT-OUT PROVISIONS
DIRECTORY INFORMATION/PHOTOGRAPHS/PUBLICATIONS
Directory information includes student's name, address, telephone number if it is a listed number, date and place of birth,
participation in school sponsored activities and sports, weight and height of members of athletic teams, date of attendance,
graduation date, awards received, and photographs appearing in school publications such as yearbooks and newspapers.
Personally identifiable information can be disclosed, transferred or released without prior consent of the parent of a student or
the eligible student in connection with enrollment in another school, application for financial aid, research, a state statute, and an
accrediting organization. Personally identifiable information will be released without parent consent to appropriate officials in
emergency situations, to comply with a lawfully issued subpoena and in cases involving compulsory school attendance and child
abuse.
From time to time, Marion County Public Schools photographs or videos students, and occasionally posts student-produced work
online for public recognition. Local media often utilize these photographs and videos, and/or work, or come on campus with
school permission to photograph or video students. Additionally, students may be videoed by school personnel for
diagnostic/educational purposes Marion County Public Schools may use these photographs and videos for an indefinite period
of time unless this authorization is revoked in writing. However, if revoked, Marion County Public Schools shall not be required
to recall affected publications, photographs, videos, and other recorded images then in use.
If the parent does not wish directory information, photographs and/or videos of his/her child released, or doesn’t want their
child’s work posted online, he/she must notify the Executive Director, Student Services, 1517 SE 30th Ave., Suite 6, Ocala,
FL 34471, in writing within thirty (30) calendar days of the beginning of the school year. The principal will then take every
reasonable effort to ensure such photographs, videos, and work will not be released. This parental prohibition does include the
publication of photographs or video taken for the school yearbook or similar publications.
Surveillance equipment may be used on buses, in certain areas of campus, and at school events for security, safety, and
discipline purposes. These video/audio records may be utilized as evidence for certain disciplinary procedures. This evidence
may be maintained as part of a student’s record and available to the parent. Parental notice restricting photographs or videos
will not apply to the use of surveillance equipment for safety, security, and disciplinary procedures.
INFORMATION TO MILITARY RECRUITERS
The No Child Left Behind Act requires the School Board to provide, on a request made by military recruiters or an institution of
higher education, access to secondary school students’ names, addresses and telephone listings. A secondary school student
or the parent of the student may request that the student’s name, address and telephone listing not be released to military
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recruiters or to institutions of higher education without prior written parental consent. A parent wishing to prohibit the release of
this information should notify the Executive Director, Student Services, 1517 SE 30 th Ave., Suite 6, Ocala, FL 34471 within
thirty (30) calendar days of the start of the school year in writing and shall specify in writing whether the prohibition applies to
both military recruiters and institutions of higher education or only to military recruiters or only to institutions of higher education.
This notification to the Executive Director, Student Services, 1517 SE 30th Ave., Suite 6, Ocala FL 34471, must be separate from
the notification which the parent provided in regard to “directory information.”
NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes,
and certain physical exams. These include the right to:
в—Џ Consent before students are required to submit to a survey that concerns one or more of the following protected areas
(“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education
(DOE) 1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
в—Џ
Receive notice and an opportunity to opt a student out of –
1. Any other protected information survey, regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the
school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision,
or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or
otherwise distribute the information to others.
в—Џ
Inspect, upon request and before administration or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other
distribution purposes; and
3. Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law. Marion County
Public School District will/has developed and adopted policies, in consultation with parents, regarding these rights, as well as
arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or
use of personal information for marketing, sales, or other distribution purposes. Marion County Public School District will directly
notify parents of these policies at least annually at the start of each school year and after any substantive changes. Marion
County Public School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled
to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child
out of participation of the specific activity or survey. Marion County Public School District will make this notification to parents at
the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that
time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the
planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys by
written notice to the school principal. Parents will also be provided an opportunity to review any pertinent surveys. Following
is a list of the specific activities and surveys covered under this requirement:
• Collection, disclosure, or use of personal information for marketing, sales or other distribution;
• Administration of any protected information survey not funded in whole or in part by DOE;
• Any non-emergency, invasive physical examination or screening as described above;
Parents who believe their rights have been violated may file a complaint with Family Policy Compliance Office, U.S. Department
of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-5901.
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SECTION III
STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES
FS 1003.04 Student Conduct and Parental Involvement
1.
2.
3.
Each public K-12 student must remain in attendance throughout the school year, unless excused by the school for illness or
other good cause, and must comply fully with the school’s code of conduct.
The parent of each public K-12 student must cooperate with the authority of the student’s district school board,
superintendent, principal, teachers, and school bus drivers, according to FS 1003.31 and FS 1003.32, to remove the
student from the classroom and the school bus and, when appropriate and available, to place the student in an alternative
educational setting, if the student is disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive.
It is the goal of the Legislature and each district school board that the parent of each public K-12 student comply with the
school’s reasonable and time-acceptable parental involvement requests.
STUDENT RIGHTS AND RESPONSIBILITIES
This section summarizes the basic principles of student rights. With each right comes a responsibility. The principal, under the
supervision of the Superintendent and within School Board regulations, shall assume administrative responsibility and
instructional leadership of the school to which he or she is assigned. The faculty and staff shall assist in the orderly operation of
the school and ensure the rights of the students.
ACADEMIC HONOR CODE
STUDENT RESPONSIBILITIES:
! To uphold the highest standards of academic integrity in school work.
! To present school work that is clearly their own on all tests, quizzes, reports, assignments, papers, homework and any school
related test (PSAT, FCAT, SAT, etc.) unless otherwise stated by teacher.
! To not assist others in cheating or any other form of academic dishonesty.
! To refuse to tolerate academic dishonesty in others.
STUDENT RIGHTS:
! To be able to contribute to and work in an environment of trust and academic integrity.
! To know that all members of their school community will promote and uphold academic honesty.
! To know that all forms of cheating and plagiarism will not be tolerated.
ATTENDANCE
STUDENT RESPONSIBILITIES:
! To attend all classes daily and be on time.
! To provide the school with an adequate written explanation or appropriate documentation indicating the reason for the
absence within three (3) days of the absence.
! To request makeup assignments from teachers upon the return to school and to complete this work within one (1) day for
each day of absence except in the case of extenuating circumstances.
STUDENT RIGHTS:
! To be informed of School Board policies and individual school rules regarding absenteeism and tardiness.
! To appeal a decision pertaining to an absence.
! To make up class work within one (1) day for each day absent.
RIGHT TO LEARN AND PARTICIPATE - CURRICULUM / COUNSELING
STUDENT RESPONSIBILITIES:
! To request participation in academic programs and extracurricular activities that is commensurate with ability.
! To cooperate with the instructor and contribute to an atmosphere free from bias and prejudice.
! To cooperate fully and exert every effort to achieve mastery of the basic skills.
STUDENT RIGHTS:
! To have equal opportunity with regard to academic programs and extracurricular activities within feasible limits imposed on
the school.
! To receive instruction in courses of study under competent instructors in an atmosphere free from bias and prejudice.
! To participate in appropriate basic skills programs in elementary, middle and senior high schools.
FREE SPEECH/EXPRESSION/ASSEMBLY
STUDENT RESPONSIBILITIES:
! To respect the rights of other individuals, to express disagreement in a manner which does not infringe upon the rights of
others and does not interfere with the orderly educational process.
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! To act in a manner which preserves the dignity of patriotic observances, including standing for the Pledge of Allegiance and
National Anthem by following the guidelines established by the United States Congress in 36 U.S.C. 172 and 4 U.S.C. 4.
The right to not stand for the Pledge of Allegiance and the National Anthem can be exercised only upon written parental
request, and students invoking this right with parental consent will not be penalized.
! To respect the religious beliefs of others.
! To plan for, seek approval of, and conduct activities which are consistent with the educational objectives of the school.
STUDENT RIGHTS:
! To be respected as an individual and to perform and express viewpoints through speaking and writing in a manner which is
not obscene, slanderous or libelous and which is not disruptive to an orderly school environment.
! To affirm their identity with the American ideals.
! To refrain from activity which violates the precepts of their religion or holds it up to ridicule.
! To assemble peaceably on school grounds or in school buildings. Such assembly shall be consistent with all applicable
Federal, State, and local regulations.
STUDENTS MUST NOT:
! Slander, libel, or defame others.
! Discriminate when organizing or recruiting for clubs or groups.
! Violate the Code of Student Conduct in the areas of profanity, harassment, bullying and hazing.
GRADES
STUDENT RESPONSIBILITIES:
! To become informed of the grading criteria.
! To maintain standards and academic performance commensurate with ability and to make every effort to improve
performance upon receipt of notification of unsatisfactory progress.
STUDENT RIGHTS:
! To receive a teacher's grading criteria at the beginning of each year or semester course.
! To receive reasonable notification of failure or potential failure at any time during the grading period when it is apparent
unsatisfactory work is being performed.
PRIVACY AND PROPERTY RIGHTS
STUDENT RESPONSIBILITIES:
! To attend school and other school activities without bringing materials or objects prohibited by law or other items that will
detract from the educational process.
! To respect the property rights of the public at large as well as those of individuals and to refrain from destruction of or
damage to such property.
! To turn in to school officials property found on the school grounds that does not belong to the student.
STUDENT RIGHTS:
! To maintain privacy of personal possessions unless appropriate school personnel have reasonable cause to believe a
student possesses any object or material which is prohibited by law or School Board policy.
! To attend school in an educational environment in which personal property is respected.
STUDENT PUBLICATIONS
STUDENT RESPONSIBILITIES:
! To refrain from publishing libelous and obscene materials; to seek full information on the topics about which they write; and to
observe the normal rules for responsible journalism under the guidance of the faculty advisor.
STUDENT RIGHTS:
! To participate in the development and distribution of publications as a part of the educational process.
STUDENT RECORDS
STUDENT RESPONSIBILITIES:
! To inform the school of any information that may be useful in making appropriate educational decisions.
! To authorize release of pertinent information to those individuals or agencies who are working actively and constructively for
the benefit of the student.
STUDENT, PARENT AND GUARDIAN RIGHTS:
! To inspect, review and challenge the information contained in records directly relating to the student.
! To be protected by legal provisions which prohibit the release of personally identifiable information to other than legally
authorized persons without the consent of the parent, guardian, or eligible student. Eligible students are those 18 years of
age or over and/or those attending a post-secondary institution.
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STUDENT USE OF WIRELESS COMMUNICATION DEVICES
Cell phones and similar wireless devices may be in the possession of students on campus but cannot be visible or activated
during regular school hours. The exception to activation would be with administrative approval. Students may use such devices
while being transported on district vehicles provided their use does not result in a disruption and a headphone, ear bud or other
accessory is used so that it cannot be heard by others. Use of a wireless communications device includes the possibility of the
imposition of disciplinary action by the school and/or criminal penalties if the device is used in a criminal act. Using or possessing
a wireless communication device to view, or transfer or store material of a sexual nature is a violation of the Code of Student
Conduct and may be a criminal act. The unauthorized recording and/or photographing of employees, volunteers and/or students
is prohibited. Refusal to allow search of electronic device will be considered gross insubordination and/or other serious
misconduct and may result in a suspension, alternative placement, or expulsion.
ELECTRONIC EQUIPMENT
Cameras, video cameras, IPOD’s and other similar electronic equipment are not allowed on the school campus unless preapproved by school administration/designee. Refer to individual school handbook for further guidelines.
ACCEPTABLE USE POLICY AND GUIDELINES FOR NETWORK ACCESS
The Marion County School Board (MCSB) believes network access is an exciting opportunity to expand learning for educators,
students and parents. The fundamental goal of the network is to provide Marion County students and educators with equal
access to the computing resources, which serve public education. Schools in the district will have the capacity to connect to the
Internet, World Wide Web, electronic mail, and each other. With this opportunity comes the responsibility for appropriate use.
NETWORK WARNING
With access to computers and to people all over the world, there will be some material that may not be considered to be of
educational value. There may be some material, individual contacts or communication, which is not suitable for school-age
children. The MCSB supports only those materials which will enhance the research and inquiry of the learner within the context
of a school setting. However, on a global network it is impossible to control all materials, and an industrious user may discover
inappropriate information. The MCSB cannot prevent the possibility that some users may access material that is not consistent
with the school district’s educational mission, goals and policies.
GENERAL POLICY & GUIDELINES
It is a general policy that the network will be used in a responsible, efficient, ethical and legal manner in accordance with the
mission of MCSB. Users must acknowledge their understanding and agreement with the Acceptable Use Policy and Guidelines
as a condition of receiving access. Failure to adhere to the Policy and Guidelines may result in access privileges being
suspended or revoked. In addition, school disciplinary action and/or appropriate legal action may be taken.
NETWORK RESOURCES
Classroom resources will be expanded enormously by making information and people from all over the world available to
students, teachers, and others. It brings instant access to original source material, general information, data, images and
computer software. It makes contact with people possible, bringing into the classroom experts from all over the world. Such
access spawns individual and group projects, collaboration, curriculum materials and idea sharing. As a hands-on tool, the
network can motivate students.
GUIDELINE I
Acceptable uses of the network are activities which support teaching and learning. Users are encouraged to develop uses which
meet their individual needs and which take advantage of the network’s function: electronic mail, conferences (video or audio),
bulletin boards, data bases and access to the Internet.
GUIDELINE II
Unacceptable uses of the network include:
1. Using the network to access materials that are considered inappropriate for educational purposes.
2. Trying in any way to interfere with the computer systems within the Marion County Schools or anywhere, in an effort to
obtain private information, have the computer malfunction or destroy data.
3. Violating federal and state law dealing with students’ rights to privacy.
4. Using profanity, obscenity or other language which may be offensive to another user.
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5.
6.
7.
8.
9.
Reposting personal communications without the author’s prior consent.
Copying commercial software and other copyright protected material in violation of copyright law.
Using the network for any illegal activity.
Use of Proxy websites is prohibited.
Connecting computers, printers, switches, hubs, router, wireless access points, mini-devises, and any network
attached device that is not the property of MCPS and approved by the District Technology Office is prohibited.
10. Sending unauthorized or unsolicited e-mail “spam” including the sending of “junk mail” or other advertising material.
11. Circumventing user authentication or security of any host, network, or account.
12. Any form of harassment via e-mail, text messaging, instant messaging, telephone or paging, whether through
language, frequency, or size of messages.
GUIDELINE III
Users must cooperate to conserve resources and to assure equitable access for all. Users are expected to:
1. Log off or exit the appropriate MCPS Internet Browser (Internet Explorer) when not utilizing the Internet.
2. Use of streaming media, MP3, or radio websites is limited to instructional use only.
GUIDELINE IV
The person in whose name the account is issued is responsible at all times for its proper use and will not give his/her password
to others.
GUIDELINE V
Users must avoid knowingly or inadvertently spreading computer viruses. They must not upload files from unknown sources.
Deliberate attempts to degrade or disrupt system performance will be viewed as criminal activity by state and federal law.
GUIDELINE VI
Students are authorized to utilize the marionstudents.net domain ([email protected]) for e-mail and collaboration tools for instructional
learning. Use of other web based e-mail and other collaboration tools are prohibited unless otherwise approved by the district
technology office. Never consider electronic communications to be completely private. Instances of misdirected mail, mail
inadvertently forwarded to others and public posting of private correspondence by users have occurred from time to time.
PARENT RESPONSIBILITIES
1.
2.
3.
4.
5.
6.
7.
8.
9.
To read and discuss both the Code of Student Conduct and the school’s handbook with your student.
To inform the school immediately of any changes in address, phone number, emergency numbers, and/or family status.
To follow the No Nit/Lice Policy. Marion County Public Schools abides by a NO NIT policy concerning head lice. The NO
NIT policy is enforced to keep students lice free, nit free, and in school. Students are temporarily excluded from school to
prevent the spread of lice caused by surviving and hatching nits (lice eggs). The family is responsible to remove all nits
from the student’s hair before the child returns to school for a nit-free inspection. Absences related to head lice are limited
to one (1) excused day per occurrence.
To inform the school of any information that may be useful in making appropriate educational decisions.
To authorize release of pertinent information to those individuals or agencies who are working actively and constructively
for the benefit of the student.
To understand the right to inspect, review and challenge the information contained in records directly relating to the
students.
To be protected by legal provisions which prohibit the release of personally identifiable information to other than legally
authorized persons without the consent of the parent, guardian or eligible student. Eligible students are those 18 years of
age or over, those attending a post-secondary institution or an emancipated minor under state law.
To not leave students at school more than thirty minutes before the start of the school day or more than thirty minutes
after the school day unless special arrangements with a teacher, administrator or a before/after school care program have
been made. Supervision will not be provided beyond that time, and the proper authorities may be called. This timeline
includes after school activities.
To be aware that when parents are divorced or separated, both parents have full rights to participate in the child’s school
activities and know what is happening at school unless there is a court document limiting that access. If such a document
exists, then the principal must have a certified copy. Each parent will be allowed to remove the child from school without
the permission of the other parent unless there is a certified copy of a court order saying that one parent cannot remove
the child from school. Each parent has access to student records and information unless a court order prohibits such
access. If there is a designated primary residential parent/guardian, or if one parent has been designated as having
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10.
11.
12.
13.
14.
authority/responsibility for educational decisions, then that parent is considered by the school to be the primary contact
parent. If there is no such designation, or if both parents are designated in either capacity, then either parent is considered
by the school to be a contact parent.
To know that when a child becomes ill or is injured at school, the school will make every effort to notify the parent. When
requested by school personnel, parents are required to remove the child from school immediately. Children not picked up
may be transported to the emergency room by EMS at the parent’s expense.
To understand that no student may carry any non-prescription (over the counter) medication or prescription
medication in his/her pocket or purse or on his/her person during school hours. Administration of any medication
(prescription or non-prescription) will be administered in accordance with the policies and procedures of the Marion County
School Board. Principal may authorize a student to carry certain supplies, equipment and medication as described in FS
1002.20 (3) as long as a permission form has been signed by the parent and the student’s physician. Medicines must be
picked up at the end of the school year or they will be discarded.
To reimburse at replacement value the school for lost or damaged textbooks, materials, equipment etc. belonging to the
district.
To retrieve from principal/designee confiscated materials and lost and found items within forty-five (45) days of their loss or
confiscation. These items may be discarded after forty-five (45) days.
To understand that student cell phones are not to be activated during regular school hours. A parent sent text may
only be retrieved before or after regular school hours. Emergency contact of a student should be made through the
school office.
DISCLAIMER OF RESPONSIBILITY FOR PERSONAL PROPERTY
Although the school attempts to maintain a safe and secure environment, theft and loss do sometimes occur. All personal
property in possession of the student should be identified with the student’s name. The school disclaims responsibility for any
lost, stolen, broken or confiscated property. Parents send and students bring such items to school at their own risk. Students
are expected to turn in to the office any found items.
CRISIS PROTOCOL
Providing a safe and secure environment for our students to learn is the top priority of the Marion County School Board.
Measures have been taken to ensure our staff and students are prepared in the event a crisis situation occurs in one of our
schools. A comprehensive Crisis Management Plan has been created to guide our staff through a wide variety of situations.
Fire drills, tornado drills, code red and code yellow drills are practiced at each site to ensure that routines and safety procedures
are well established and familiar to all.
In a code yellow all school doors will be locked and regular classroom instruction continues behind the locked doors. In a code
red all school doors are locked and all students and staff are advised to get on the floor away from doors and windows.
Classroom instruction is discontinued.
What parents need to know during either a code red or code yellow crisis:
1. Please DO expect to be notified with a special parent advisory sent home from the school and/or with a telephone message
from our telephone notification service when the school is able to provide accurate information and/or the incident is
resolved.
2. Please DO cooperate with school and/or district directives.
3. Please DO consult local media for regular updates about the incident. Listen for information updates on local radio and
television stations. You may be directed to an off-campus parent staging area for the latest information regarding a campus
crisis.
4. Please DO NOT call the school because phone lines will be needed for emergency communication.
5. Please DO NOT call your child’s cell phone because cell phones are not to be used during a code red or code yellow.
6. Please DO NOT go to the school if a code red or code yellow situation should occur. Roads are closed, doors are locked
and campuses are off-limits to anyone other than authorized personnel.
Pursuant to FS 120.54, in the event of an emergency, the Superintendent or the School Board can enact additional rules
governing student conduct which shall be enforced as included in this Code of Student Conduct.
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STUDENT AND FAMILY REUNIFICATION PLAN
In case of a school emergency or a natural disaster, you need to be aware of our school’s plan for releasing your child. First and
foremost, remain calm. Remember, it is our primary concern that students remain safe at all times, and there is a plan for an
orderly dismissal and release of our students.
When you learn that your child’s school is in a lockdown situation, or any other emergency situation, do not call the school and
do not come to the school. Staff will be very busy during an emergency and will not be able to attend to the safety of your
children if they have to answer your phone calls. If you come to the school during an emergency, in all likelihood you will not be
allowed into the school or even into the inner perimeter set up by emergency responders. The presence of hundreds of parents
showing up on the scene will hinder the efforts of emergency responders which in turn may jeopardize the safety of your child.
Instead, if the situation warrants the release of students, direct notification to your listed emergency contact numbers as well as
the use of local news media will provide instructions on when and where the release will take place. Students may be bussed to
an off-site location for their release to parents.
Once an all-clear is given at the school, and if there is a need to release students for the day, the Student and Family
Reunification Plan will be put into place. For the safety of every child, we must document to whom each child is released.
Students will only be released to a parent, guardian, or childcare personnel as designated on your child’s school Contact,
Medical, and Emergency Form.
When you arrive at the facility where students will be released, proceed to the Check – In Gate and plan to do the following:
1. Fill out a Student Release Form
2. Present picture identification
3. Move to the Student Release Gate and wait for your child
4. A runner will go to the Assembly Area, get your child, and bring him/her to the release area
5. Be prepared to show your ID again
6. Sign for the student and depart
REMINDER: Your child will be released only to those listed on the Contact, Medical, and Emergency Form. It is therefore
imperative that you keep information on your child’s Contact, Medical, and Emergency Form up to date. Know also that
for any reason your child is not picked up, he/she will be placed in an alternate place of safety.
These procedures should be shared with everyone you list on the Contact, Medical, and Emergency Form so they are familiar
with our plan and these concerns. If you have any questions about the Student and Family Reunification Plan, contact your
child’s school principal.
SECTION IV
ATTENDANCE
Florida Compulsory School Law states all children who are either six years of age, or who will be six years old by February 1 of
any school year, but who have not attained the age of 16 must attend school regularly during the entire school term. Students
between 16 and 18 are also within compulsory attendance age unless a formal Declaration of Intent to Terminate School
Enrollment has been completed and signed by the parent.
Florida Law also states that each parent or legal guardian of a child is responsible for the child’s regular school attendance (FS
1003.24). Failure to attend school in a regular and timely fashion hinders the education process and may result in failing grades.
Each student enrolled in a Marion County Public School is expected to attend school every day and be punctual.
Schools are required to track excused and unexcused absences in order to prevent the development of a pattern of
nonattendance.
Excused Absences
1. Illness of the student (if a student is continually sick and repeatedly absent from school, the student must be under the
supervision of a physician in order to receive an excuse from attendance)
2. Major illness in the immediate family of the student
3. Medical appointment (physician note required)
4. Religious holiday
5. Death in the family
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6.
7.
8.
9.
Head lice, a maximum of (1) excused day per occurrence
Approved school activity
Court appearance by student (summons or subpoena required)
Pre-arranged absence which has been approved.
A note from the parent/guardian is required to be provided to the school within three (3) days of the absence (preferably
immediately upon return to school). The note should be dated and reflect the student’s name, dates of absence, specific reason
for the absence, and parent signature.
A student who has been absent five (5) or more consecutive days due to illness must present a note from a licensed physician.
The principal or designee may also require a doctor’s note after 10 excused absences (whether they be consecutive or sporadic)
due to illness within a school year.
Administrative approval/denial of a pre-arranged absence request will be based on the student’s academic standing, the
student’s attendance history, and/or the reason for the request.
Parent must provide a note for each absence, tardy, and early sign-out.
Unexcused Absences
Absences not included in the above list shall be unexcused. A student may be referred to School Social Work Services for
intervention after they have five absences either excused or unexcused. A student may be referred to the Child Study Team for
nonattendance when they have (FS 1003.26):
1. Five unexcused absences within a calendar month or
2. Ten unexcused absences within a 90 calendar day period.
A student who has 15 or more unexcused absences within a 90 calendar day period is considered a habitual truant and
interventions leading to court action may occur. (FS 1003.27)
Tardy To School and Early Sign-Outs
Tardiness and early sign-outs are disruptive to the learning environment and can have a negative impact on student
achievement. A tardy or early sign-out will only be excused due to sickness or injury, death in the immediate family, medical or
dental appointments for student with a note from the physician/dentist, court date, religious observance, or school sponsored
activities. Parents/guardians must provide a note for each tardy/early sign-out. Other reasons such as oversleeping, missing the
school bus, etc. will be unexcused. A student is allowed three (3) excused tardies/early sign-outs within a nine-week grading
period. Thereafter the school administration will address consequences for excessive tardiness and early sign-outs as outlined
in the Level 1 – Corrective Measure Code, “Violation of Attendance Procedures.”
Driver’s License
Recognizing the importance of education and keeping the students in school, the 1997 legislature enacted FS 322.091 relating to
the driver’s license for students, ages 14 to 17, as an incentive for students to stay in school and continue their education. In
order for a student to retain or obtain his/her regular Florida driver’s license, the student must comply with compulsory school
attendance. Accumulating 15 unexcused absences in a period of 90 calendar days or failure to remain enrolled in school will
result in being classified as a habitual truant and the loss of said license, or the withholding of the necessary forms to obtain a
license.
Learn Fare
Families receiving cash assistance for needy families will have their benefits suspended if their child, between the ages of 6 and
18 has 15 or more unexcused absences, including suspensions within 90 calendar days, or if the child withdraws from school.
Parents are also required to have a conference with their student’s teacher or school administrator regarding school progress
each semester.
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SECTION V
DISCIPLINE
In order to establish reasonable consistency in the schools, a uniform Disciplinary Response Code has been developed.
This section of the Code of Student Conduct identifies infractions for which a student may be disciplined and sets forth corrective
measures which are appropriate for the infraction. Each infraction is defined in the Glossary Section of the Code.
Progressive Discipline: Schools and teachers may develop classroom rules to deal with individual school and classroom
problems which supplement this Code and which are not in conflict with it. The Code of Student Conduct applies to all students
enrolled in the Marion County Public Schools in pre-kindergarten through grade 12. A minor misconduct should be handled first
by the individual staff member involved through classroom management strategies such as: student redirection, warning,
counseling, and parent contact. When additional action becomes necessary because of continued violation or seriousness of the
misconduct, the student will be referred to the school administration/designee for disciplinary action. When deciding what
intervention and/or disciplinary action should be taken, the principal or designee may consider the student’s age, exceptionality,
previous conduct, probability of a recurring violation, intent, attitude, severity of the offense and, whenever possible, will
implement disciplinary action in a progressive manner.
Response to Intervention: Response to Intervention is a process that provides intervention and educational support to all
students at increasing levels of intensity based on their individual needs. The goal is to prevent problems and intervene early so
that students can be successful. The Response to Intervention process has three tiers that build upon each other. Each tier
provides more intensive levels of support. Tier 1 is the school’s core behavior program. Tier 1 emphasizes the school-wide
systems of support that include proactive strategies for defining, teaching, and supporting appropriate student behaviors to
create positive school environments. Tier 2 supplemental supports are designed to provide additional or targeted interventions
to support students who have access to Tier 1 universal supports and are not responding positively to them. Tier 2 focuses on
supporting students at risk for more serious problem behavior. Tier 3 intensive/individual supports focus on the needs of
individuals who exhibit patterns of severe and/or extreme problem behavior. The goal of Tier 3 intensive/individual support is to
diminish problem behavior and, also, to increase the student’s adaptive skills and opportunities for an enhanced quality of life.
Disciplinary infractions and the responses to them are divided into four levels. Each level represents progressively more serious
infractions beginning with Level 1, petty acts of misconduct, culminating in Level 4 offenses, the most serious threats to school
safety. Corrective responses to infractions become progressively more severe as one moves upward in the levels of
misconduct. It is the administrator's responsibility to determine the level of the offense that has been committed and the
appropriate response. In certain circumstances, a combination of corrective measures may be appropriate. For example, for
Level 1 offenses it may be appropriate to contact the parents of the student while also offering a verbal reprimand. For a Level 2
offense, a student might receive a behavior contract accompanied by parental contact, counseling and directions.
In choosing an appropriate corrective measure for offenses below Level 4, school personnel may select from the corrective
measures appropriate to the level of the offense or may select from the response options at lower levels as they deem
appropriate to the circumstances and the nature of the student. Level 4 offenses require a ten (10) day suspension and a
possible recommendation for expulsion. The School Board may expel a student for the remainder of the school year and all of
the next school year in accordance with Florida Statutes.
STUDENTS WITH DISABILITIES
Students with disabilities will be disciplined under the guidelines of the 2005 Reauthorization of the Individuals with Disabilities
Education Act (IDEA) with consideration given to behavioral assessment, manifestation determination and behavioral
intervention plans. Parents/guardians of students with disabilities are advised of their rights to due process/procedural
safeguards.
1. School expulsion proceedings against any student who has been properly identified and classified as a student with a
disability shall be in accordance with Special Programs and Procedures for Exceptional Students.
2. If an administrator refers a student with a disability for expulsion, the Superintendent or designee shall convene an Individual
Educational Plan (IEP) review committee in accordance with applicable law. The IEP committee shall review the
appropriateness of the student’s IEP. The committee shall meet and determine whether the misconduct is a manifestation of
the student’s disability.
3. If the misconduct is a manifestation of the student’s disability, then the student may not be expelled. A change of placement
may be initiated providing that all state and federal regulations have been followed. Services must ensure the student can
continue to appropriately progress in the general curriculum and advance toward achieving their IEP goals.
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4. If the misconduct is not a manifestation of the student’s disability, the student may be expelled in accordance with the Code
of Student Conduct, however, education services must be continued in accordance with the IEP. If the incident is determined
to be a manifestation of the disability, the IEP committee must determine the services necessary to ensure the student can
continue to appropriately progress in the general curriculum and advance toward achieving their IEP goals.
504 - STUDENTS WITH HANDICAPPING CONDITIONS
1. If an administrator refers a student with a handicapping condition for expulsion, the superintendent or designee shall convene
a Section 504 committee meeting in accordance with applicable law. Under Section 504, a team of people knowledgeable
about the student and his/her handicapping condition must convene and determine whether the misconduct is a
manifestation of the student’s handicapping condition.
2. If the misconduct is not a manifestation of the handicapping condition, then the disciplinary action can proceed.
3. If the misconduct is a manifestation of the handicapping condition, then the student may not be suspended or expelled
without services and the 504 Team must document accommodation(s) and/or recommendation(s) with the intent to further
reduce inappropriate behaviors, and determine how to appropriately deliver services.
ENGLISH LANGUAGE LEARNERS
English language learners (ELLs) are not to be subjected to disciplinary action exclusively because of their use of a language
other than English. However, all Marion County Public School students, regardless of their ability to speak English, are governed
by the Code of Student Conduct.
ALCOHOL/DRUGS
The student shall not knowingly possess, use, transmit or be under the influence of any narcotic drug, hallucinogenic drug,
amphetamine, barbiturate, marijuana, any other controlled or counterfeit substance defined in FS 893.03, or substitute for such,
alcoholic beverage, inhalant or intoxicant, or over the counter drugs of any kind, on the school grounds either before, during or
after school hours or off the school grounds at a school activity, function or event. Also, a student shall not possess, have under
his/her control, sell or deliver any device, or contrivance, instrument or paraphernalia containing the substance or substances
described in this paragraph or any residue of such substance or devices intended for use or used in injecting,
inhaling/inhalant/huffing, smoking, administering, or using any of the foregoing prescribed drugs, narcotics or stimulants. Use of
a drug authorized by a medical prescription from a registered physician for a specific student shall not be considered a violation
of this rule.
THE USE OF ILLICIT DRUGS AND THE UNLAWFUL POSSESSION AND USE OF ALCOHOL IS WRONG AND HARMFUL.
INFORMATION ABOUT DRUG AND ALCOHOL COUNSELING IS AVAILABLE TO STUDENTS THROUGH THE GUIDANCE
COUNSELORS AT EACH SCHOOL. STUDENTS SUSPECTED OF BEING UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS MAY BE TESTED. A test refusal is considered a positive test result.
BULLYING AND HARASSMENT PROHIBITION
It is the policy of the Marion County School District that all students and school employees (including school volunteers) have an
educational setting that is safe, secure, and free from harassment and bullying of any kind. The district will not tolerate bullying
and harassment of any type. Conduct that constitutes bullying and harassment, as defined herein, is prohibited.
DEFINITIONS
Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students or
employees. It is further defined as unwanted and repeated written, verbal, or physical behavior, including any threatening,
insulting, or dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an intimidating, hostile or
offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual’s school
performance or participation; and may involve but is not limited to:
1.
Unwanted teasing
2.
Social exclusion
3.
Threat
4.
Intimidation
5.
Stalking
6.
Physical violence
7.
Theft
8.
Sexual, religious, or racial harassment
9.
Public humiliation
10. Destruction of school or victim’s personal property
11. Rumor or spreading of falsehoods.
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Harassment means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal or
physical conduct directed against a student or school employee that:
1.
Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property.
2.
Has the effect of substantially interfering with a student’s or employee’s performance, opportunities, or benefits.
3.
Has the effect of substantially disrupting the orderly operation of a school.
Bullying and harassment also encompasses:
1.
Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of
bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation.
2.
Perpetuation of conduct listed in the definition of bullying or harassment by an individual or group with intent to demean,
dehumanize, embarrass, or cause emotional or physical harm to a student or school employee by:
a. Incitement or coercion.
b. Accessing or knowingly and willingly causing or providing access to data or computer software through a computer,
computer system, or computer network within the scope of the district school system.
c. Acting in a manner that has an effect substantially similar to the effect of bullying or harassment.
Cyberstalking as defined in FS 784.048(1)(d), means to engage in a course of conduct to communicate, or to cause to be
communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a
specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
EXPECTED BEHAVIOR
The Marion County School District expects students to conduct themselves as appropriate for their levels of development,
maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the
educational purpose underlying all school activities, and the care of school facilities and equipment.
The school district believes that standards for student behavior must be set cooperatively through interaction among the
students, parents/guardians, staff, and community members producing an atmosphere that encourages students to grow in selfdiscipline. The development of this atmosphere requires respect for self and others, as well as for district and community
property on the part of students, staff, and community members. Since students learn by example, school administrators,
faculty, staff, and volunteers will demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate
harassment or bullying.
The school district upholds that bullying or harassment of any student or school employee is prohibited:
1.
During any education program or activity conducted by a public K-12 educational institution.
2.
During any school-related or school-sponsored program or activity.
3.
On a school bus of a public K-12 educational institution.
4.
Through the use of data or computer software that is accessed through a computer, computer system, or computer
network of a public K-12 education institution.
INCIDENT REPORT
At each school, the principal or the principal’s designee is responsible for receiving complaints alleging violations of this policy
and must report both substantiated and unsubstantiated claims of bullying/harassment to parents. All school employees are
required to report alleged violations of this policy to the principal or the principal’s designee. All other members of the school
community, including students, parents, volunteers, and visitors are encouraged to report any act that may be a violation of this
policy anonymously or in-person to the principal or principal’s designee. Marion County Public Schools has established a district
wide anonymous reporting system via the Save-A-Friend Hotline @ 1-877-7-FRIEND.
The principal of each school in the district shall establish and prominently publicize to students, staff, volunteers, and
parents/legal guardians how a report of bullying or harassment may be filed either in-person or anonymously and how this report
will be acted upon. The victim of bullying or harassment, anyone who witnessed the bullying or harassment, and anyone who has
credible information that an act of bullying or harassment has taken place may file a report of bullying or harassment. A school
employee, school volunteer, student, parent/legal guardian or other persons who promptly reports in good faith an act of bullying
or harassment to the appropriate school official and who makes this report in compliance with the procedures set forth in the
district policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the
reported incident. Submission of a good faith complaint or report of bullying or harassment will not affect the complainant or
reporter’s future employment, grades, learning or working environment, or work assignments.
Any written or oral reporting of an act of bullying or harassment shall be considered an official means of reporting such act(s).
Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.
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BUS CONDUCT
It is a privilege to ride a school bus, not a right. County policy prohibits students from riding any bus other than their assigned
bus. Students may only get on or get off the bus at their assigned bus stop. For the safety of all students, no parents or other
adults are allowed on the bus unless pre-approved by school personnel. Students are expected to adhere to the rules. Some
buses may be equipped with cameras to monitor student behavior on the bus and may be used for disciplinary action. Students
who use bus privileges are expected to follow the Code of Student Conduct. Violation of the Code of Student Conduct on the
school bus or at the bus stop when the bus is present will be addressed in the same manner as a violation on the
school grounds. Violation of District School Board transportation policies, including disruptive behavior on a school bus or at a
school bus stop with the bus present (FS 1006.10), by a student is grounds for suspension of the student’s privilege of riding on
a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed
(FS 1006.07). Students who receive courtesy transportation, such as students that live within two (2) miles of the school, may be
removed from the bus for misbehavior.
Students must:
1. Remain in their seats at all times while bus is moving.
2. Remain in an assigned seat if the bus driver assigns seats.
3. Keep arms and head inside windows.
4. Cross the roadway ten (10) feet in front of the bus and wait for the driver’s signal before crossing.
5. Avoid unnecessary conversation with the driver.
6. Observe classroom conduct.
7. Obey the driver who is in charge of the bus and the students.
8. Refrain from eating and drinking.
9. Refrain from having balloons or other large or disruptive items on the bus (the bus driver has the right to prohibit any article
being taken on the bus).
10. Refrain from throwing articles in or out of bus.
11. Obey the Code of Student Conduct.
DATING VIOLENCE AND ABUSE
It is the policy of the Marion County School District that all students and school employees have an educational setting that is
safe, secure, and free from dating violence and abuse. The District shall not tolerate dating violence and abuse of any kind.
Dating violence or abuse by any student is prohibited on school property, during any school related or school sponsored program
or activity, or during school sponsored transportation.
DRESS CODE
The Board believes that proper etiquette, social customs, and good grooming are a definite part of the educational process. To
this end, it is expected that students wear to school or school functions neat, clean, appropriate clothing that meets the standards
of this educational environment. Any extreme in clothing, hair, cosmetics, jewelry, or appearance that may disrupt the normal
operation of the school will not be acceptable. It is not the intention of these guidelines to usurp the authority of parents for
determining what is appropriate dress and grooming for their children in accordance with the age and grade of those youngsters.
The school will work with parents in encouraging our young people to assume this responsibility and to execute it sensibly as
they mature. The purpose of the home and school working together should be to help students accept and cooperate with the
guidelines. In view of this statement, the following rules will be in effect in all schools:
1.
2.
3.
4.
5.
Students are expected to wear clothing and clothing accessories in keeping with their gender. Undergarments should not
be visible at any time.
Students are not to wear hats of any kind within the school building unless approved by the school administration for special
occasions. "Hats" should be interpreted literally as "hats" or head-coverings and will include bandanas, caps, sweat bands,
visors, and similar hat-like apparel.
Students are not to wear T-shirts or other garments, or other items with pictures, logos, phrases, decals, patches, emblems,
or words printed on them that are obscene or disruptive in the judgment of the school administration. This will include, but
not be limited to: nude/semi-nude figures; figures in sexually suggestive postures; or logos of alcoholic beverages, tobacco
products, or prohibited substances; or satanic/occult references or gang identification. A tattoo that is obscene or disruptive
in the judgment of the school administration needs to be covered.
Tops must be long enough to clearly overlap the belt line or stay tucked in during the course of normal movement
throughout the day. Shirts falling below mid-thigh length will be tucked in. No bare-midriff shirts/blouses, sleepwear,
muscle shirts, or tank tops will be worn.
Garments will be secured at the waist. Shorts and skirts are permitted at all grade levels and will be mid-thigh length or
longer.
20
6.
7.
8.
Students shall wear shoes for foot protection and for hygienic reasons while on school grounds or school transportation.
Bedroom slippers are not permitted. For safety reasons, shoes with wheels and/or skates may not be worn on the school
campus/bus.
Jewelry shall be worn in a way that does not present a safety or health hazard or cause a disruption to the education
process.
Wallet chains or dog collars shall not be permitted.
Regulations in reference to grooming and dress for special activities such as athletics, fine arts and drill team will be governed by
the immediate person in charge of these activities under the direction of the principal.
Appropriateness and moderation in all things, concern for the health and safety of the students, and the avoidance of distractions
to the educational process are the guiding principles of the student dress code. Styles and fads are constantly changing and
cannot possibly be covered by specific rules and regulations. The task of evaluating what is proper in the way of dress and
grooming is highly controversial, and opinion among people varies. The individual schools will assume responsibility for ruling on
specific items of clothing and general appearance for reasons of safety and health, or for the order, well-being, and general
welfare of students.
The Board authorizes school administrators to employ appropriate disciplinary procedures to carry out and enforce this policy.
These are minimum standards that will be enforced at each school. Schools have the right to set higher standards
based on administrative procedures. School uniforms may be adopted at individual schools.
Pursuant to State Statute 1006.07, the penalty or corrective action for a violation of the “Saggy Pants” Dress Code is:
1. For a first offense, a student shall be given a verbal warning and the school principal or designee shall call the student’s
parent or guardian.
2. For a second offense, the student is ineligible to participate in any extracurricular activity for a period of time not to exceed 5
days and the school principal or designee shall meet with the student’s parent or guardian.
3. For a third or subsequent offense, a student shall receive an in-school suspension pursuant to s. 1003.01(5) for a period not
to exceed 3 days, the student is ineligible to participate in any extracurricular activity for a period not to exceed 30 days, and
the school principal or designee shall call the student’s parent or guardian and send the parent or guardian a written letter
regarding the student’s in-school suspension and ineligibility to participate in extracurricular activities.
GANGS AND GANG ACTIVITY PROHIBITION
No student shall commit any act which furthers gangs or gang-related activities. A criminal street gang is a formal or informal
organization or group that has as one of its primary activities the commission of criminal or delinquent acts and that consists of
three or more persons who have a common name or common identifying signs or symbols and have one or more members that
engage in a pattern of criminal street gang activity. Conduct prohibited by this policy includes but is not limited to the following:
1. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs or
other items which may be evidence of membership or affiliation in any gang.
2. Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.) to convey membership or
affiliation in a gang.
3. Soliciting others for gang membership.
4. Tagging, or otherwise defacing school or personal property with gang or gang-related symbols or slogans.
5. Requiring payment of protection, insurance, or otherwise intimidating or threatening any person related to gang activity.
6. Inciting other students to intimidate or to act with physical violence upon any other person related to gang activity.
SEARCH OF INDIVIDUAL STUDENT AND/OR STUDENT LOCKER OR STORAGE AREA /VEHICLE
FS 1006.09 Search of student locker or storage areas; authority
1.
2.
3.
The Legislature finds that the case law of this state provides that relaxed standards of search and seizure apply under the
state Constitution to searches of students’ effects by school officials, 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 section to provide procedures by which school officials may search students’ effects within the bounds of the
case law established by the courts of this state.
A principal of a public school or a school employee designated by the principal, if she or he has reasonable suspicion that a
prohibited or illegally possessed substance, item or object is contained within a student’s locker or other storage area, may
search the locker or storage area. The storage area may include but not be limited to electronic device, book bag, purse
and/or vehicle.
The School Board shall cause to be posted in each public school, in a place readily seen by students, a notice stating that a
student’s locker or other storage area is subject to search, upon reasonable suspicion, for prohibited or illegally possessed
substances or objects.
21
4.
This section shall not be construed to prohibit the use of metal detectors or specially trained animals in the course of a
search authorized by subsection (2) or subsection (3).
If a principal/designee has reasonable suspicion to believe that a student is in possession of contraband, he shall request the
student submit to a search of his or her person or his or her belongings. If the student refuses, the principal may call the
appropriate law enforcement agency and/or the student's parents. Refusal to be searched will be considered gross
insubordination and/or other serious misconduct and may result in a suspension, alternative placement, or expulsion. Strip
searches of students by school staff are prohibited.
THREAT OR FALSE REPORT OF ANY DESTRUCTIVE DEVICE
Any student who is determined to have made a threat or false report of destructive device, as defined by FS 790.162 and
790.163, respectively, involving school or school personnel’s property, school transportation, or a 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. The District School Board may assign the student to a disciplinary program for the
purpose of continuing educational services during the period of expulsion. The Superintendent of Schools may consider the oneyear expulsion on a case-by-case basis and request the District School Board to modify the requirement by assigning the student
to a disciplinary program if it is determined to be in the best interest of the student and the school system.
TOBACCO PRODUCTS
No student is allowed to have tobacco products at school or school events. Further, it is unlawful for any person under age 18 to
knowingly possess any tobacco product or to misrepresent age to acquire or purchase any tobacco product. Violation of the law
may result in suspension from school. THE UNLAWFUL USE AND/OR POSSESSION OF TOBACCO PRODUCTS IS WRONG
AND HARMFUL. INFORMATION ABOUT TOBACCO COUNSELING IS AVAILABLE THROUGH THE GUIDANCE
COUNSELORS AT EACH SCHOOL.
VIOLENCE (OVERT THREATS TO COMMIT HARM)
The School Board must maintain a policy for all threats to commit violence or harm. Even threats made in jest or in exaggeration
must be treated as serious threats that may subject the student to suspension or expulsion. When a student makes a threat of
violence, the school administration will assess the situation and where appropriate implement the administrative procedures
which require a violence risk evaluation at a participating mental health facility. In that event, the parent or legal guardian will be
advised to seek a qualified violence risk evaluation by either registering the student in the Intake/Assessment Service at The
Centers, or arranging for an evaluation with a similar mental health receiving facility or licensed mental health professional of
their choice. For the protection of other students, the student will remain suspended (up to 10 days) until the assessment results
can be obtained and evaluated by the school. If results are not obtained and evaluated within 10 days, the school can
make an alternative placement of the student.
WEAPONS AND FIREARMS
According to Florida Statute 790.115(2)(a) students will not possess any firearm, electric weapon or device, destructive device,
or other weapon as defined in FS 790.001(13), including a razor blade or box cutter, except as authorized in support of schoolsanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.
Notwithstanding the foregoing, pursuant to FS 790.115(2)(a) a person may carry a firearm: (i) In a case to a firearms program,
class or function which has been approved in advance by the principal or chief administrative officer of the school as a program
or class to which firearms could be carried; (ii) In a case to a career center having a firearms training range; or (iii) In a vehicle
pursuant to FS 790.25(5); except that school districts may adopt written and published policies that waive the exception in this
subparagraph for purposed of student and campus parking privileges. The Marion County School Board does not permit
students to have firearms in vehicles parked on campus. The Marion County School Board has “Zero Tolerance” for guns and
other weapons. Any student who is determined to have brought a firearm or weapon as defined in FS 790.001(13) to school, to
any school function, or on to any school-sponsored transportation or possessing a firearm at school, will be expelled pursuant to
FS 1006.13. The School Board may assign the student to a disciplinary program for the purpose of continuing educational
services during the period of expulsion. 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 if it is
determined to be in the best interest of the student and the school system.
WEAPONS - AMNESTY CLAUSE
When a student knows or should have known that he/she has unknowingly brought a weapon other than firearms or ammunition
on campus, bus, or bus stop, he/she must immediately notify an administrator, teacher or bus driver. The weapon will be turned
over to school personnel. The student may not be disciplined by the school if he/she follows this procedure. Amnesty cannot be
claimed once the school has initiated a search which would include the student’s person, possessions, locker, and/or vehicle.
22
ALCOHOL
Parents/Guardians will be notified of each alcohol incident.
1st Offense
2nd Offense
3rd Offense
Possession
Level 3 Mandatory 10 Day Suspension
Level 3
Level 4 Mandatory Expulsion
Under the Influence
Level 3 Mandatory 10 Day Suspension
Level 3
Level 4 Mandatory Expulsion
Providing
Level 3 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Selling/Intent to Sell
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
DRUGS
Parents/Guardians will be notified of each drug incident.
OVER THE COUNTER DRUGS / MEDICATIONS
1st Offense
2nd Offense
3rd Offense
Possession
Level 1
Level 2
Level 3 Mandatory 10 Day
Suspension
Misuse
Level 2 Mandatory Suspension up to 5 days
Level 3 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Providing
Level 2 Mandatory Suspension up to 5 days
Level 3 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Selling/Intent to Sell
Level 3 or 4 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
INHALING / INHALANT / HUFFING
Misuse
Level 3 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Under the Influence
Level 3 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Providing/Selling
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
(With Intent)
PRESCRIPTION DRUGS (Prescribed for Student)
Possession
Level 2
Level 3
Level 4 Mandatory Expulsion
Misuse
Level 3 Mandatory 10 Day Suspension
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Providing
Level 3 Mandatory Alternative Placement
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Selling/Intent to Sell
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
ILLEGAL DRUGS Including Prescription Drugs Prescribed for Someone Other than Student
Possession
Level 3 Mandatory Alternative Placement
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Under the Influence Level 3 Mandatory Alternative Placement
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Providing
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Selling/Intent to Sell
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
Level 4 Mandatory Expulsion
23
WEAPONS AND FIREARMS
Category A
Mandatory Expulsion
FS 1006-13 and FS 790.001(6)(13)
(a)
A.
(e)
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Any weapon (including a starter gun) which will or is designed to or may readily be converted
to expel a projectile by the action of an explosive
The frame or receiver of any such weapon described above
Any firearm muffler or firearm silencer
Any machine gun
Any destructive device as defined by FS 790.001(4) including but not limited to bomb,
grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive,
incendiary, or poison gas
Any type of weapon which will, is designed to, or may readily be converted to expel a projectile
by the action of an explosive and which has a barrel with a bore of ВЅ inch or more in diameter
Ammunition for a destructive device, not including shotgun shells or ammunition for use in a
firearm other than a destructive device. Ammunition consists of all of the following: (1) a fixed
metallic or nonmetallic hull or casing containing a primer; (2) projectile(s), bullet(s), or shot; (3)
gunpowder
Knife or dirk (excluding pocket knife, plastic knife and blunt bladed table knife)
Metallic or other knuckles
Slungshot
Billie
Tear gas gun except a self-defense chemical spray carried solely for the purpose of
self-defense in a compact size and containing not more than 2 ounces of chemical
Chemical weapon or device or any other deadly weapon.
(a
WEAPON-LIKE CONTRABAND
Category B
Suspension or Alternative Placement or Expulsion
FS 1006-13 and FS 790.001(6)(13)
(f)
(g) any rep
A.
B.
C.
D.
E.
Slingshot
Fireworks
Razorblade/razor
Common pocket knife
Non-weapons used as weapons: A student using as a weapon any article or substance not
normally considered to be a weapon (including but not limited to rocks, pens, pencils, lasers,
chains, lumber, screwdriver, etc.) or facsimile (toy or otherwise) but which is used by a student
as a weapon to intimidate, threaten, coerce or injure another individual shall be suspended and
may be recommended for expulsion
F. Any replica or facsimile of any item listed in Categories A or B, including toys, souvenirs,
antiques, broken, unloaded or inoperable weapons, including but not limited to bb guns, pellet
guns, paint guns, squirt guns, regardless of how they are used or displayed
G. Electric weapon or device pursuant to FS 790.001(14).
In addition to the "corrective measures" listed in the Code of Student Conduct, possession of a weapon
by any student while the student is on school property or in attendance at a school function may also
result in criminal prosecution (FS 790.115).
24
LEVEL 1 - DISCIPLINARY RESPONSE CODE
LEVEL 1 – INFRACTIONS/ INCIDENTS
1A Behavior (physical) Inappropriate for School Setting, School Activity or Bus
1B Behavior (other) Inappropriate for School Setting, School Activity or Bus
1D Disrespect for Others
1E Disruptive Conduct (minor)
1F Dress Code Violation including “Saggy Pants” - See page 21
1G Failure to Comply with School Rules/Bus Rules
1M Failure to Comply with Bus Rules
1I Inappropriate Gestures, Language or Materials
1J Insubordination
1K Medication (Over the Counter) - See page 23
1L Violation of Attendance Procedures
LEVEL 1 - CORRECTIVE ACTIONS
Parental contact (recommended)
Parent conference
Counseling and direction
Verbal reprimand
Special work assignment
Withdrawal of privileges
Return of property, payment for same or restitution for damages
School/classroom positive/negative reinforcement plan/intervention program
Warning of referral to Level 2
Behavioral contract (*)
After school detention (*)
In-school suspension (*)
Saturday classes (*)
Time out (temporary removal from setting)
Work detail (*)
Assign a school mentor
Refer to school Child Study Team, Progress Monitoring Plan Meeting or Student Assistance Team
(*) Written parental notification mandatory
25
LEVEL 2 - DISCIPLINARY RESPONSE CODE
LEVEL 2 – INFRACTIONS/INCIDENTS
2A Behavior (physical) Inappropriate for School Setting or School Activity, or Bus
2U Behavior (other) Inappropriate for School Setting, School Activity or Bus
2B Bullying- 1st Offense
2C Cell Phones and Wireless Communication or Electronic Devices that are Visible, Activated, or Inappropriately Used
During Regular School Hours or on School Bus
2D Cheating or Plagiarism
2V Contraband
2E Disrespect for Others
2F Disruptive Conduct
2G Drugs - Over the Counter/Prescription - See page 23
2H Failure to Comply with School Rules/Bus Rules
2BB Failure to Comply with Bus Rules
2Z False or Misleading Information
2I Fighting where there is Mutual Combat and No Injury and No Weapon
2Y Harassment - 1st Offense
2K Insubordination - Repeated
2L Intentional Damage of Personal/School Property ($26-$200) (LE-Optional)
2N Profane, Obscene or Abusive Language, Gestures or Materials (Including Internet)
2O Repeated Misconduct of a Level 1 or 2 Infraction
2P Theft (Less than $300) (LE-Optional)
2X Threat
2Q Tobacco (Possession/Use if under the age 18) (s) (LE)
2R Tobacco (Possession/Use if 18 years of age or older)
2S Unauthorized Use of Other Person’s Name, Signature, or Identifying Number
2T Violation of Attendance Procedures ‡
2AA Violation of School Code Red/Code Yellow Procedures
LEVEL 2 - CORRECTIVE ACTIONS
Parental contact
Parent conference
Behavioral contract (*)
In-school suspension (*)
Work detail (*)
Confiscation of unauthorized materials
Alternative classroom assignment (*)
Suspension from bus (for bus-related misconduct) (*)
School/classroom positive/negative reinforcement plan/intervention program
Appropriate corrective measure from Level 1
Warning of referral to Level 3 (*)
Suspension from school (**) (‡)
Saturday classes (*)
Time out
After school detention (*)
Return of property, payment for same, or restitution for damages
Assign a school mentor
Refer to school Child Study Team, Progress Monitoring Plan Meeting or Student Assistance Team
Temporary or permanent removal from extracurricular/co-curricular program or activity
(*) Written parental notification mandatory
(**) FS 1006.09(1)(b) Written notification, within 24 hours, by U.S. Mail
(‡) FS 1006.09(1)(b) No Student shall be suspended for unexcused tardiness, lateness, absence, or truancy.
(LE) Notify Law Enforcement
(s) SESIR Report to DOE
26
LEVEL 3 - DISCIPLINARY RESPONSE CODE
LEVEL 3 - INFRACTIONS/INCIDENTS
3A Alcohol (s) (LE) - See page 23
3Z Arson (s) (LE)
3T Bullying – Repeated (s) (LE)
3C Computer Fraud (Accessing or Breaking into Documents That Are Unauthorized) (LE)
3D Contraband
3B Criminal Street Gang Activity (s) (LE)
3E Disorderly Conduct (Disruption) (s) (LE).
3F Drugs; Over the Counter Drugs; Prescription Drugs, Illegal Drugs (s) (LE) - See page 23
3G Extortion, Threats, Intimidation (s) (LE)
3Y False Fire Alarms/Expelling a Fire Extinguisher (s) (LE)
3H Fighting - Injury or Weapon or Not Mutual Combat (s) (LE)
3I Fireworks/Fireworks with Fuses (LE)
3W Force or Violence Against School Board Employees or Volunteers (LE)
3J Gross Insubordination or Open Defiance
3V Harassment – Repeated (s) (LE)
3U Inhalant/Inhaling/Huffing (LE)
3X Intentional Damage of Personal/School Property ($201 to $1,000) (LE)
3K Other Serious Misconduct (s) (LE)
3L Repeated Misconduct of a More Serious Nature Level 2 or 3 Infraction (s) (LE) (в‰ )
3M Sexual Harassment (s) (LE) (DCF)
3N Sexual Offenses (Lewd Behavior or Indecent Exposure) (s) (LE) (DCF)
3O Theft (over $300) (s) (LE)
3P Trespassing (s) (LE)
3Q Unauthorized Use of Internet
3S Weapons (Category B) (LE)
LEVEL 3 - CORRECTIVE ACTIONS
Parental contact, oral communication immediately, followed by written notification
Behavioral contract (*)
Recommend assignment to special program/school (*)
Suspension from bus (*)
Suspension from school (**) (‡)
Suspension from school (for bus-related misconduct) (**)
Temporary or permanent removal from extracurricular/co-curricular program or activity (*)
Appropriate measure from Levels 1 or 2 (*)
Warning of referral to Level 4 (*)
Saturday classes (*)
Return of property, payment for same, or restitution for damages
Assign a school mentor
Refer to school Child Study Team, Progress Monitoring Plan Meeting or Student Assistance Team
(*) Written parental notification mandatory
(**) FS 1006.09(1)(b) Written notification, within 24 hours, by U.S. Mail
(‡) FS 1006.09(1)(b) No Student shall be suspended for unexcused tardiness, lateness, absence, or truancy.
(LE) Notify Law Enforcement
(s) SESIR Report to DOE
(в‰ ) Report to Law Enforcement and/or SESIR if original infraction is reportable
(DCF) Notify Department of Children & Families
27
LEVEL 4 – DISCIPLINARY RESPONSE CODE
LEVEL 4 – INFRACTIONS/INCIDENTS
4A Alcohol (s) (LE) - See page 23
4B Bomb Threats or Explosions (s) (LE)
4C Burglary (s) (LE)
4T Criminal Street Gang Activity (s) (LE)
4D Cyber Attack (Introducing Programs or Tools into Network Server) (LE)
4E Drugs: Over-the-Counter, Prescription or Illegal Drugs (s) (LE) - See page 23
4F False Accusation – Teacher or School Board Employee (LE)
4H Felony Charge
4I Fighting – Injury or Weapon or Not Mutual Combat (s) (LE)
4J Force or Violence against School Employees or Volunteers (s) (LE)
4U Hazing (LE)
4K Inciting, Leading or Participating in a Major Student Disorder (s) (LE)
4L Other More Serious Misconduct (s) (LE)
4M Repeated Misconduct of a More Serious Nature Level 3 Infraction(s) (LE) (в‰ )
4N Serious Campus Disruption (s) (LE)
4O Sexual Battery (s) (LE) (DCF)
4P Sexual Offenses (Sexual Contact, Lewd Behavior of a More Serious Nature) (s) (LE) (DCF)
4Q Victimization/Extortion or Threats/Intimidation of More Serious Nature (s) (LE)
4S Vandalism over $1000 (s) (LE)
4R Weapons (s) (LE) (Category A or B)
LEVEL 4 – CORRECTIVE ACTIONS
Parental contact- immediate oral communication, followed by written notification of the following action:
Recommendation for Expulsion with Mandatory 10 Day Suspension from School (**)
Assignment to special program/school if expulsion is not appropriate (**)
Felony Transfer (*)
(*) Written parental notification mandatory
(**) FS 1006.09(1)(b) Written notification, within 24 hours, by U.S. Mail
(LE) Notify Law Enforcement
(s) SESIR Report to DOE
(в‰ ) Report to Law Enforcement and/or SESIR if original infraction is reportable
(DCF) Notify Department of Children & Families
28
SECTION VI
PROCEDURES RELATING TO DISCIPLINARY ACTIONS
In order to protect student rights, certain procedures are followed with regard to major disciplinary actions. These procedures
are developed as suggested or required by law or regulation. School/classroom procedures for administering discipline in areas
not covered by these specific procedures are encouraged.
Students in honors, advanced placement or magnet courses that are expelled or reassigned must be aware that their curriculum
will be impacted.
REMOVAL FROM EXTRACURRICULAR/CO-CURRICULAR PROGRAMS
1.
2.
3.
4.
5.
Temporary removal of a student from an extracurricular/co-curricular program or activity may be determined by the
teacher/sponsor. The principal is to be notified of the action.
Permanent removal of a student from an extracurricular/co-curricular program or activity will be recommended by the
teacher/sponsor with the final decision to be made by the principal.
Parent notification of temporary or permanent removal is mandatory.
Upon notification, a parent may, within three days, request a conference with the teacher/sponsor and/or the principal for the
purpose of discussing the removal of the student from the extracurricular/co-curricular program or activity.
A student may be readmitted to participation in an extracurricular/co-curricular program or activity at any time upon the
recommendation of the teacher/sponsor with the final decision by the principal.
CORPORAL PUNISHMENT
The School Board of Marion County prohibits the administration of corporal punishment.
SUSPENSION FROM TRANSPORTATION PRIVILEGES
A student accused of serious or repeated misconduct which is in violation of the Bus Conduct Rules or the Code of Student
Conduct, shall be afforded the following due process procedures prior to the suspension of his/her transportation privileges. In
emergency situations these procedures may be modified as long as reasonable efforts are made to provide substantially similar
opportunities to due process.
STEP 1: Principal/designee shall inform the student as to the reason(s) for consideration of suspension from transportation
privileges for a period of one to ten days.
STEP 2: Principal/designee shall provide the student the opportunity to present his side of the story (either orally or written),
and to present his/her witnesses.
STEP 3: The principal/designee shall make a determination based on factual evidence presented. Once the determination to
suspend from transportation privileges has been made the principal/designee shall inform the student as to the terms
and condition of the suspension.
STEP 4: Principal/designee reports each suspension from transportation privileges in writing to the parent/guardian of the
student.
The Principal/designee shall make a reasonable effort to notify the parent/guardian prior to the start of the suspension.
STEP 5: The parent/guardian may request a conference to discuss the reasons for the suspension of transportation privileges
with the principal/designee within three (3) schools days of the first notification received by the parent. The
principal/designee may sustain or alter the suspension assignment if, in the best interest of the student and the
school, the parent/guardian agrees to alternative measures or agrees to assist the school in redirecting the student's
unacceptable behavior.
The principal can suspend a student’s transportation privileges for up to ten (10) days at any one time. After the third ten (10)
day bus suspension in the same school year or if the principal believes that because of the severity of the behavior a longer bus
suspension is warranted, he/she may request that the Superintendent recommend a bus suspension to the School Board. In the
case of bus suspensions longer than ten (10) days, the parties will follow the same procedures as expulsions.
SUSPENSION FROM SCHOOL
Suspension, also referred to as out-of-school suspension, is the temporary removal of a student from all classes of instruction on
public school grounds and all other school-sponsored activities, except as authorized by the Principal or the Principal’s designee,
for a period not to exceed ten (10) school days and remanding the student to the custody of the student’s parent with specific
homework assignments for the student to complete. The principal or the principal’s designee shall make a good faith effort to
immediately inform a student’s parent by telephone of a student’s suspension and the reasons for the suspension. Each
suspension and the reasons for the suspension shall be reported in writing within 24 hours to the student’s parents by United
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States mail. Each suspension and the reasons for the suspension shall also be reported in writing within 24 hours to the District
School Superintendent or designee (FS 1006.09).
A student accused of serious misconduct which, in the opinion of the principal or his/her designated representative, would
require suspension from school as defined by FS 1003.01 shall be afforded the following due process procedures. In emergency
situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar
opportunities for due process.
STEP 1: The student must be told by the principal/designee of the reason(s) for consideration of suspension or expulsion.
STEP 2: The student must be given the opportunity to present his side of the matter either orally or in writing and must have the
opportunity to present witnesses to the incident.
STEP 3: The principal/designee shall make a determination as to whether or not the student is guilty of the misconduct and, if
so, what the terms of the punishment will be. The student shall be informed of the determination. If the determination
is to impose suspension, the notice of suspension shall be in writing.
STEP 4: The principal/designee shall report each suspension in writing to the student's parent or guardian and to the
Superintendent/designee. The parent(s) or legal guardian shall be provided an opportunity for a conference within
twenty-four (24) hours of the effective date of suspension. The report of the suspension shall be mailed or delivery
initiated within 24 hours of the start of the suspension or on the next regular work day. Reasonable efforts shall be
made to contact the parent or guardian prior to the start of the suspension. If the parent or guardian cannot be
reached prior to the start of the suspension, the principal/designee may determine that the suspension will start without
the prior contact with the parent or guardian, but continued reasonable efforts to contact the parent or guardian shall be
made.
STEP 5: The student and parent have a right to schedule an appointment with the principal or his designee upon request of the
parent to appeal the discipline imposed. All such requests must be made within three (3) school days of the first
notification of suspension that the parent receives. The principal shall have the discretion to reduce or cancel the
suspension if it is felt that it would be in the best interest of the student and school to do so.
STEP 6: At the discretion of the principal, a written behavior contract may be required upon return of the student. The final
appeal of the suspension rests with the principal.
SUSPENSION
QUESTIONS AND ANSWERS
You have a right to attend school and have an opportunity to learn. You can lose that right if you violate the Code of
Student Conduct or a school rule. You lose the right by being suspended or expelled.
Q. Who can suspend you?
A. The principal or someone designated by the principal (such as an assistant principal) can suspend you.
Q. How long can you be suspended?
A. You can be suspended from school for one school day or up to ten (10) school days.
Q. What happens before a suspension?
A. The principal or assistant principal becomes aware that a student has broken a rule in the Code of Student Conduct or a
school rule. He or she will investigate by talking to students, teachers or others who may know something about what
happened. Even if you are one of the students who broke the rule, the principal or assistant principal may talk to you as
part of the investigation. After talking to everyone that was involved, the principal or assistant principal will determine whom
he or she thinks broke a rule.
Q. What if the principal or assistant principal determines that you broke a rule?
A. As soon as possible the principal or assistant principal will talk to you. The administrator will tell you that you have broken a
rule in the Code of Student Conduct or a school rule. You also will be given something in writing, like a discipline referral,
that tells you the same thing. You will then be told why the administrator thinks that you have broken the rule. After this
happens, you should know what you are accused of doing and what evidence there is that supports the accusations.
Q. What happens next?
A. You will now have an opportunity to tell the principal or assistant principal your side of the story. You can ask that they talk
to someone you think may know something about what happened. You can give the principal or assistant principal a written
statement to read. After listening to you and reading anything that you have given them, the principal or assistant principal
may talk to the people you told them about and anybody else that they need to contact. After that, the principal or assistant
principal will decide if you have broken a rule in the Code of Student Conduct or a school rule. If he or she decides that you
have broken a rule, they will then decide if you should be suspended from school and how long you will be suspended. You
will be told about this decision.
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Q. Will my parents know?
A. The principal or assistant principal will try to telephone your parents and let them know about the suspension. If they cannot
reach your parents by telephone, then they will write down how many times they tried and what happened. Your parents
will be mailed a letter titled Written Notice of Suspension within 24 hours of the decision. You will be given a copy of that
letter. If you or your parents claim that you did not receive the letter, it will not change the suspension. You will be given
another copy of the letter if you request one.
Q. Can you review a suspension?
A. Yes. If your parents want a suspension review they should notify the principal in writing before your suspension is over.
When the principal receives the notice from your parents that they wish a review, he or she will offer to arrange a
conference with your parents. Your parents may prefer to discuss their review with the principal by telephone. If your
parents do not notify the principal in writing before the end of your suspension that they want a review, the suspension is
final.
Q. What happens at the conference?
A. Your parents (and you if you are present) will discuss with the principal what has occurred. The principal will go over the
incident that led to the suspension and review the evidence supporting the suspension. The principal also will review the
process that was followed leading up to the decision to suspend you. This will include a review of how you were told about
the accusations and the evidence against you, and how you were allowed an opportunity to tell your side of the story.
If you or your parents believe that the school did not follow all of the requirements for suspending you, you must tell the
principal exactly what was not done that you believe should have been done. If the principal agrees with your parents that
one or more requirements for suspending you were overlooked, the principal can then comply with those requirements at
the conference or can start the suspension process from the beginning and go through it again.
Q. When will the principal decide the review?
A. The principal will provide you and your parents a written decision within five school days of the conference.
Q. Am I suspended during the review?
A. You will continue to serve the suspension until a final decision is made.
Q. What if the suspension was not appropriate?
A. Any record of the suspension will be taken out of your student records and you will be given the opportunity to make up all
schoolwork that you missed, without penalty.
Q. Can I appeal the principal’s decision?
A. Yes. You may appeal the principal’s procedures to the Executive Director of Student Services in writing. To request a
review by the Executive Director of Student Services you must notify him or her in writing within five school days of the date
of the principal’s final decision.
Q. What will be reviewed on this appeal?
A. This review only concerns whether or not the proper procedures were followed in making the final decision to suspend you.
There will be no further investigation or interviews with witnesses about the incident, although the facts of the case will be
reviewed.
Q. Do I have schoolwork to complete while I am suspended?
A. Yes. A student who receives out of school suspension will be assigned schoolwork to complete. In addition, it will be your
responsibility to request homework assignments from your teacher(s). A suspension is considered an unexcused absence,
but you will receive 100% credit for work that is appropriately completed and turned in at the time designated by your
school.
Q. May I make up and receive credit for assessments that I miss while I am suspended?
A. Yes. In order to receive full credit, you must make arrangements immediately upon your return to make up the
test/assessment at a time and location established by your teacher and/or administrator including but not limited to before
school, after school, or at Saturday school. The make-up assessment may be a modified form of the missed assessment.
Q. May I attend extra-curricular events at any regular school?
A. No, while suspended you cannot attend any extra-curricular events at your regular school or any other school in the district.
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ALTERNATIVE PLACEMENT
FS 1006.07(2)(J) Policies to be followed for the assignment of violent or disruptive students to an alternative education program.
Alternative Placement is the temporary removal of a student from all classes of instruction on public school grounds and all other
school-sponsored activities, except as authorized by the Supervisor of Alternative Programs for a minimum period of forty-five
(45) days. The alternative school principal is the person responsible for referring the student back to his/her public school upon
completion of the program.
.
The principal/designee shall fully support the authority of his/her teachers and school bus drivers to remove disobedient,
disrespectful, violent, abusive, uncontrollable or disruptive students from the classroom and the school bus when appropriate and
available by placing the student in an alternative education setting.
This will be in accordance with the rules of the District School Board. All incident codes in Level 3 of the Student Code of
Conduct may result in the student’s assignment. Steps 1-7 below for suspension from school will be followed with a
recommendation of placement in an alternative program.
STEP 1: The student must be told by the principal/designee of the reason(s) for consideration of suspension and alternative
placement.
STEP 2: The student must be given the opportunity to present his side of the matter either orally or in writing and must have the
opportunity to present witnesses to the incident.
STEP 3: The principal/designee shall make a determination as to whether or not the student is guilty of the misconduct and, if
so, what the terms of the punishment will be. The student shall be informed of the determination. If the determination
is to impose suspension and alternative placement, the notice of suspension and recommendation of alternative
placement shall be in writing.
STEP 4: The principal/designee shall report each suspension/alternative placement in writing to the student's parent or guardian
and to the Superintendent or his designee. The parent(s) or legal guardian shall be provided an opportunity for a
conference within twenty-four (24) hours of the effective date of suspension. The report of the suspension shall be
mailed or delivery initiated within 24 hours of the start of the suspension or on the next regular work day. Reasonable
efforts shall be made to contact the parent or guardian prior to the start of the suspension. If the parent or guardian
cannot be reached prior to the start of the suspension, the principal or his designee may determine that the suspension
will start without the prior contact with the parent or guardian, but continued reasonable efforts to contact the parent or
guardian shall be made.
STEP 5: The student and parent have a right to schedule an appointment with the principal upon request of the parent to review
the evidence and the student’s position. All such requests must be made within three (3) school days of the first
notification of suspension/alternative placement that the parent receives.
STEP 6: The principal shall initiate notification of the Superintendent/designee in writing within 24 hours or the next regular work
day of the imposition of the suspension and of the recommendation of alternative placement.
STEP 7: The district will notify the principal of the alternative school placement, and the principal will notify the parent.
Q. Can I review the alternative placement procedures?
A. Yes. You may request a review of the alternative placement procedures to the Supervisor of Alternative Programs. To
request a procedures review, you must notify the Supervisor of Alternative Programs in writing within five school days of the
date of the principal’s final decision.
Q. What will be reviewed?
A. This review only concerns whether or not the proper procedures were followed in making the final decision to
suspend/alternatively place you. There will be no further investigation or interviews with witnesses about the incident,
although the records will be reviewed.
Q. May I attend extracurricular events at any regular school?
A. No, while alternatively placed you cannot attend any extracurricular events at your regular school or any other regular
school in the district. If you attend an alternative school, you may attend extracurricular events only at the alternative school.
FELONY TRANSFER
FS 1006.09 allows the principal to recommend to the Superintendent the felony transfer of any enrolled student who is formally
charged with a felony, or with a delinquent act which would be a felony if committed by an adult, by a proper prosecuting
attorney for an incident which occurred on property other than public school property, if the incident is shown to have an
adverse impact on the educational program, discipline or welfare in the school in which the student is enrolled.
It is the administration’s responsibility to notify teacher(s) that a student has committed a felony.
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STEP 1:
STEP 2:
STEP 3:
STEP 4:
STEP 5:
STEP 6:
Determine that the student has been formally charged with a felony (or has been charged with an offense by the
court system which, if the student were an adult, would be classified as a felony). District personnel will verify that a
student has been formally charged.
Further action need be taken only if the student attempts to return to any public school other than the assigned
alternative school.
If the student attempts to return to school, the principal must decide whether or not the student's return would have
an adverse impact on the school. A waiver of transfer may be granted in a drug-related situation (see E below). In
other than drug offenses, the principal should consider the relative possibility of harm to the accused student or to
others by the presence of the accused student in school. Felony transfer should be used only when the principal
perceives a definite adverse impact on staff or other students or on the accused student. If the principal decides to
impose a felony transfer, the parent or guardian must be notified in writing of:
A. Recommendation for transfer until the determination of guilt or innocence, or dismissal of charges. If the student
is found guilty of a felony, the Superintendent shall have the authority to determine if a recommendation for
expulsion shall be made to the School Board. If the student is not subsequently adjudicated delinquent or found
guilty, the transfer shall be terminated immediately.
B. Specific charges against a student.
C. The right to a hearing:
1. A hearing is conducted in every felony transfer procedure. It is not necessary for the parent to request a
hearing. A hearing can be held without the attendance of the parent after proper notification.
2. The purpose of the hearing is not to determine guilt or innocence. The purpose of the hearing is to
determine whether the offense with which the student has been charged would have an adverse impact on
the educational program, discipline or welfare of the school. In determining "adverse impact", the principal
should consider the nature of the alleged offense (e.g., a student charged with rape, robbery, murder, etc.,
would probably affect the educational environment more adversely than a student charged with a computerrelated crime). The principal should also consider the publicity attendant to the offense or any other
circumstances which might either increase or diminish the possibility that the student charged would pose a
threat to the students and staff or that continued attendance would pose a threat to the student charged with
the felony.
3. The principal must establish a date for the hearing which shall be not less than two days nor more than five
school days from the postmarked date of the notice. The hearing date is established in the initial letter from
the principal.
D. Pending the hearing, the student is temporarily suspended by the principal. (Not to exceed 10 days.)
E. Conditions under which a waiver of suspension may be granted in the case of unlawful use of an illegal
controlled substance:
1. If the student divulges information leading to the arrest and conviction of the person who supplied the
controlled substance to him.
2. If he voluntarily discloses his unlawful possession of such controlled substances prior to his arrest.
3. If the student commits himself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse
program and successfully completes the program.
The hearing is conducted by the principal and may be attended by district personnel, the student, the parent, the
student's representative or counsel and any witnesses requested by the student or the principal. The student may
speak in his own defense, may present any evidence indicating his or her eligibility for waiver of disciplinary action,
and may be questioned on his testimony. The student shall not be threatened with punishment or later punished for
refusal to testify. The person conducting the hearing is not bound by courtroom procedure, no testimony and no
transcript of the testimony shall be required.
Following the hearing, the principal will provide the student and parent with a decision in writing as to whether or not
transfer will be recommended. The Superintendent shall determine, after the administrative hearing, the period of
time for transferring the student from the home school. The student shall be immediately enrolled in a day alternative
education program.
If the student is adjudicated guilty by the criminal court, the student may be recommended for expulsion or
alternative placement through the normal procedure. District personnel should be contacted to confirm the
adjudication. Such action by the Superintendent shall not affect the delivery of educational services to students
attending a residential or nonresidential program outside the public school.
NO CONTACT ORDER
Students who are found to have committed certain felony offenses against another student are prohibited from attending the
same school or riding on the same school bus with the victim or the victim’s siblings. FS 1006.13 makes certain exceptions if the
victim or victim’s parents affirmatively state (in writing) that they have no objection to their child attending the same school or
riding the same bus as the offender. This requires a “No Contact” order issued by the Court. According to FS 1006.13(5)(d),
“The offender, or the parents of the offender if the offender is a juvenile, shall arrange and pay for transportation associated with
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or required by the offender’s attending another school or that would be required as a consequence of the prohibition against
riding on a school bus on which the victim or a sibling of the victim is riding. However, the offender or the parents of the offender
may not be charged for existing modes of transportation that can be used by the offender at no additional cost to the District
School Board.”
EXPULSION
FS 1006.07 A student accused of a violation of the Code of Student Conduct which, in the opinion of the principal or his
designated representative, would require expulsion from school shall be afforded the due process procedure described below. In
emergency situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar
opportunities for due process.
STEP 1:
STEP 2:
STEP 3:
STEP 4:
STEP 5:
STEP 6:
STEP 7:
STEP 8:
STEP 9:
The student must be told by the principal or designee of the reason(s) for consideration of the expulsion.
The student must be given the opportunity to present his side of the matter either orally or in writing and must have
the opportunity to present witnesses to the incident.
The principal or his designee shall make a determination in writing as to whether or not the student is guilty of the
misconduct and, if so, what the terms of the punishment will be. The student shall be informed of the determination.
If the principal or his designee determines that there are sufficient grounds for expulsion, then the principal or
designee shall inform the student that he or she is being suspended from school for ten (10) days and a
recommendation that the student be expelled is being forwarded to the School Board through the Superintendent.
The principal or designee shall report in writing to the student's parent or guardian that the student has been
suspended for ten (10) days and a recommendation that the student be expelled from school has been forwarded to
the School Board through the Superintendent. This report shall be mailed or delivery initiated within 24 hours of the
start of the initial ten (10) day suspension or on the next regular work day. Reasonable effort shall be made to
contact the parent or guardian prior to the start of the suspension. If the parent or guardian cannot be reached prior
to the start of the suspension, the principal or his designee may determine that the suspension will start without the
prior contact with the parent or guardian.
The principal shall initiate notification of the Superintendent or designee in writing within 24 hours or the next regular
work day of the imposition of the suspension and of the recommendation of the expulsion. The principal shall
include along with the recommendation for expulsion a detailed report by the principal or designee on the alternative
measures, if applicable, taken prior to the recommendation of expulsion.
If the student's ten (10) day suspension expires prior to the next School Board meeting, the Superintendent shall
have the authority to extend the suspension of the student until the next meeting of the School Board. The
Superintendent may assign any student so suspended to an individually-designated program or other special
placement or may continue the suspension.
The Superintendent shall notify the parent or guardian in writing that the Superintendent will recommend to the
School Board that the student be expelled for a specified period of time. The written notification shall indicate the
grounds for recommendation and of the parent's rights.
The parent or guardian shall have the right to request a hearing before the School Board takes action on the
Superintendent's recommendation for expulsion. This request must be in writing. If requested, the School Board will
schedule an appropriate hearing at a separate meeting.
If the parent or guardian does not request to appear before the School Board, the School Board may take action
thereon as if the parent or guardian and child have consented to such action.
EXPULSION FOR VIOLATION OF ZERO TOLERANCE POLICY
FS 1006.13 Students found to have committed one of the following offenses on school property, school sponsored transportation
or during a school sponsored activity shall 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 be referred to the criminal justice or juvenile justice system.
1.
Bringing a firearm or weapon, as defined in FS 790, to school, at any school function, or onto any school-sponsored
transportation or possessing a firearm at school.
2.
Making a threat or false report defined in FS 790.162 and FS 790.163 respectively, involving school or school personnel’s
property, school transportation or a school-sponsored activity. Even threats or false reports made in jest or exaggeration
may be treated as serious threats for purposes of this provision.
3.
Assault or battery on any elected official or employee of a school district is in violation of FS 784.081(1)(2).
4.
Hazing as defined in FS 1006.135.
District school boards may assign the student to a disciplinary program for the purpose of continuing educational services during
the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis
and request the district school board to modify the requirement by assigning the student to a disciplinary program or second
chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the
34
school system. If a student committing any of the offenses in this subsection is a student who has a disability, the district school
board shall comply with applicable State Board of Education rules.
Any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the
particular circumstances of the student’s misconduct.
The legislature finds that zero-tolerance policies must apply equally to all students regardless of their economic status, race, or
disability.
EXPULSION FROM AN ALTERNATIVE SCHOOL
Marion County students who have been expelled and are allowed to continue their education in an alternative program will have
educational services terminated from school should they commit a Level 3 or 4 Infraction while enrolled at the alternative school.
Marion County students who have been alternatively placed in an alternative school shall be brought before the Marion County
School Board for expulsion should they commit a Level 3 or 4 Infraction while enrolled at the alternative school.
PLACEMENT FROM ANOTHER DISTRICT OR PRIVATE SCHOOL
Students found to have been expelled from another district or private school where a Level 3 or 4 Infraction had been committed
will remain expelled through the duration of the original expulsion as defined in FS 1003.01. Additionally, students found to have
been alternatively placed or felony transferred from another district or private school will remain placed in an alternative setting.
EXPULSION
QUESTIONS AND ANSWERS
Q. Who can expel you?
A. Only the School Board can expel you based upon a recommendation by the Superintendent. The Superintendent will make
a recommendation for expulsion only after receiving a recommendation from the principal. The principal will make such a
recommendation for expulsion only after having suspended you for ten (10) school days. The principal’s recommendation
will contain a detailed explanation of the incident and your record of attendance, academics, and discipline.
Q. Will my parents be notified?
A. You and your parents will be notified in writing if the Superintendent recommends that the School Board expel you. The
allegations against you will be explained. You will also be told that you can request a hearing.
Q. What if my parents want to request a hearing?
A. Your parents must submit a written request for a hearing to the Superintendent’s Designee, Supervisor of Alternative
Education.
Q. What if my parents do not request a hearing?
A. If you do not ask for a hearing, the School Board may attempt to place you in an alternative school if space is available.
Transportation is generally provided.
Q. Who conducts the hearing?
A. The School Board.
Q. When will the hearing take place?
A. The staff attorney will schedule the hearing and notify you and your parents in writing of the date, time and place of the
hearing, as well as the pre-hearing conference. This will be handled in a timely fashion.
Q. Is the hearing public?
A. Your parents have the choice of a hearing being open or closed to the public.
Q. Can I have an attorney at the hearing?
A. You are entitled to have an attorney or other qualified representative provide you with representation. Any fees for such
representation will be your parents’ responsibility.
Q. What happens at the hearing?
A. The Superintendent’s attorney will present witnesses and documents to support the charges against you. Your parents or
attorney will have an opportunity to cross-examine the witnesses and to present witnesses and evidence on your behalf.
Q. Will there be a record of the hearing?
A. The School Board will provide a certified court reporter for the hearing. The court reporter will take down everything that is
35
said at the hearing. If you want a full or partial transcript of the hearing, you can pay the court reporter to provide one for
you. The court reporter may require payment in advance.
Q. What happens after the hearing?
A. At the conclusion of the hearing and after hearing the evidence and arguments of both sides, the School Board will make
the final decision on whether or not you should be expelled and, if so, for how long.
Q. How long can the School Board expel me?
A. You can be expelled for the remainder of the current school year and up to one additional school year. Usually the length of
the expulsion is specified by the number of semesters.
Q. May I attend extra-curricular events at my regular school?
A. No, while expelled you cannot attend any extra-curricular events at your regular school or any other regular school in the
district. If you attend an alternative school, you may attend extracurricular events only at the alternative school.
ACCESS TO CAMPUS AND SCHOOL EVENTS
While students are suspended out of school, alternatively placed, felony transferred, or expelled, they may not enter or remain on
any public school property during the school day or at such time and places including but not necessarily limited to school
sponsored events, field trips, athletic functions, and other activities where school personnel have jurisdiction over students.
EARLY RE-ENTRY OF EXPELLED STUDENTS
Following School Board action to expel a student, the student shall have no right to attend public schools in Marion County,
Florida unless the School Board in its sole discretion and acting upon the recommendation of the Superintendent revokes the
existing expulsion based upon an early re-entry plan. Failure of the student to abide by an early re-entry plan shall be grounds
for immediate expulsion of the same length or longer than the original expulsion.
It is intended that the procedure to be followed in developing early re-entry plans shall be flexible, but shall require a commitment
on the part of the student and his/her parent/guardian to cooperate with school authorities in reasonably assuring that the
behavior which led to the original expulsion will not recur.
Steps 1-8 listed below must occur prior to re-entry.
Early re-entry plans are to be developed when appropriate, following the procedures described below. The decision to
recommend a re-entry shall be the prerogative of the Superintendent and both sending and receiving principal must support
the early re-entry. A student must remain at an approved alternative school a minimum of one full semester before
being allowed to request early re-entry.
STEP 1: The parent or guardian shall be informed that a request for early re-entry may be considered at the time that they are
notified of official Board action concerning the expulsion of the student. The notice shall indicate that such a request
must be initiated by the parent or guardian and made to the Student Services Department to the attention of Supervisor
of Alternative Programs.
STEP 2: If the Student Services Department receives the request for re-entry, a member of the staff shall review the record of
expulsion, other school records relating to the performance of the student, and consult with appropriate personnel
concerning the grounds for expulsion and circumstances leading to the recommendation for expulsion as well as the
opinions of appropriate school personnel concerning the probability of success of an early re-entry plan.
STEP 3: After review of this information, the representative of Student Services may schedule a staffing meeting to consider the
request if there is reason to believe that early re-entry would be in the best interest of the student and that a
reasonable expectation of an early re-entry would not adversely impact the health, safety, and welfare of others.
STEP 4: The Staffing Committee shall include appropriate school personnel and others including but not limited to the principal
who originally recommended the expulsion or his designee; a representative of the Superintendent; appropriate schoolbased staff; a representative of Student Services; the parent/guardian; and the student.
STEP 5: During the staffing meeting an attempt shall be made to develop a written early re-entry plan which shall detail the
conditions for re-entry at school. Re-entry plans must be reasonable and realistic in demands placed upon the student
and at the school and achievable by both parties. The re-entry plan shall include:
A. Decisions of the student relative to his/her future conduct. Such a statement shall reflect the student's
commitment in his/her own words that he/she will follow the rules of conduct established by the school.
B. Requirements developed in the staffing conference may include (but not limited to) evaluation by the Department
of Student Services, contact with a community agency (where appropriate), counseling, completion of special
school work, and such requirements as may be deemed reasonable to assure that the misconduct leading to
expulsion will not recur. The entry requirements shall not include those which would cause negative feelings
toward the instructional program but may include special classes or transfer of schools or assignments.
36
C. A listing of any adjustments to the student program of study or school day or a special assignment.
D. A statement by the school citing the resources which will be utilized to assist the student in his/her re-entry to
school.
E. A statement relative to procedures or actions to be taken in the event the agreement between the school and
student is broken.
F. An indication from the parents/guardians that they understand and accept the conditions set forth in the re-entry
plan.
STEP 6: Following completion of the re-entry plan which is acceptable to the school administrator who will be responsible for
supervision of the student, the plan shall be submitted to the Superintendent or his designee for review and approval.
If approved, the Superintendent shall recommend early re-entry of the student to the School Board.
STEP 7: Parent and student are required to attend the School Board Meeting at which the recommendation for re-entry is
before the Board.
STEP 8: If the School Board approves the early re-entry of the student, the parents/guardians will be notified of the approval
and, in accordance with the re-entry plan, the student may then re-enter public school. The School Board may
implement as a condition to re-entry a behavior contract.
REPORTS TO LAW ENFORCEMENT AGENCIES
The School Board views disruptive and criminal acts, and those which may affect the health, safety and welfare or pose a
serious threat of those on a school campus as extremely serious in nature. In addition to disciplinary action administered at the
school level, certain acts are expected to be reported to law enforcement as required by the State Attorney Office. The actions
of law enforcement do not dictate the corrective measure enforced by the school.
REPORTS TO DEPARTMENT OF CHILDREN AND FAMILIES (DCF)
All employees of the District have the responsibility to report all actual and suspected cases of child abuse, abandonment or
neglect; and the responsibility to comply with child protective investigations and all other provisions of law related to child
abuse, abandonment or neglect. All employees of the District shall have immunity from liability if they report such cases in good
faith.
Abuse is defined as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or
is likely to cause the child’s physical, mental or emotional health to be significantly impaired.”
37
SECTION VII
STUDENT COMPLAINTS AND GRIEVANCES
Grievance procedure is inapplicable to out-of-school suspensions and expulsions or a student challenging a teacher’s
evaluation of his or her performance.
A student complaint exists when a student believes that he/she has been treated unfairly or has not been afforded due process.
A grievance is a written allegation, officially presented to a principal by a student that there has been an unfair action or inaction
committed at the school against the student by a specified individual or individuals, or some other situation, circumstance,
condition or factor within the school system’s scope of responsibility that needs to be resolved. Other grievances arise from
actual or perceived situations and circumstances related to the prohibition of discrimination on the basis of race, color, sex,
national or ethnic origin, political beliefs, marital status, religion, age, or disability. It is the intent of the Marion County School
District to assure that complaints and grievances are resolved in an expeditious, orderly and equitable manner.
Step 1: When a student has a complaint, she/he must first discuss the complaint informally with the person against who it is
directed. The student may seek the assistance from a guidance counselor, or other faculty members and/or his/her
parent(s) or guardian(s) in mediating the dispute. (The student may be accompanied by his/her parents(s) or
guardian(s) or other representative at all steps in this process in order to arrive at an equitable resolution to a dispute.)
Step 2: If the complaint is not resolved informally, the student shall communicate to the principal or guidance counselor his/her
desire to discuss the complaint. If the complaint is not scheduled within three (3) school days following the initial
communication through no fault of the student, a grievance may be filed. If the discussion is scheduled and held within
three (3) school days following the initial communication and the complaint is not resolved the student may file a
grievance.
Step 3: If the complaint is not resolved by the above informal steps, the student shall submit a written, signed grievance to the
principal no later that the close of the sixtieth (60th) school day following the alleged incident that prompted the
grievance. The written grievance must include a description of the dispute and the facts, as well as an explanation of
desired resolution of the grievance. The principal will be responsible for scheduling a discussion of the grievance with
the plaintiff within five (5) school days following receipt of the written grievance. The principal shall provide a written
answer to the student.
Step 4: If the grievance is not satisfactorily resolved as determined by the plaintiff, an appeal for a ruling may be made by the
student five (5) school days following the receipt of the decision to the Executive Director, Student Services of the
nature and substance of the grievance filed for a final ruling.
SPECIAL PROVISIONS
Failure on the part of a student to observe the time limits for initiation and/or follow-up on a complaint or grievance will
automatically result in the complaint or grievance being considered abandoned. Failure by a principal to respond to a complaint
or grievance within the prescribed time limits will automatically move the complaint or grievance to the next step. Students are
required to continue attendance at school and pursue their studies as directed while complaints or grievances are pending
resolution. No reprisals of any kind shall be taken by or against any participants in the grievance procedure by reason of such
participation.
Copies of all communications pertaining to a complaint or grievance may be provided to a student and if appropriate, copies
should be furnished to the Section 504, Title IX, ADA, and Educational Equity Assurance Director for input.
STUDENT GRIEVANCE FORMS
Student grievance forms are available in each school’s office including the specific “Section 504 Grievance Procedure.” The
Superintendent’s designee for coordinating all student grievances is the Executive Director, Student Services and may be
reached by phone at 671-6868 from 8:00 a.m. - 5:00 p.m. on school days or by mail to 1517 SE 30th Avenue, Suite 6, Ocala, FL
34471.
The Section 504 Coordinator may be reached at 671-6860 from 8:00 a.m. - 5:00 p.m. on school days or you can mail information
to 1517 SE 30th Avenue, Suite 1, Ocala, FL 34471.
The Title IX, ADA, and Educational Equity Assurance Director may be reached by phone at 671-7711 from 7:30 a.m. – 4:30 p.m.
on school days or you can mail information to 512 SE 3rd Street, Ocala, FL 34471.
38
GLOSSARY
Alcohol: See chart on page 23.
Arson: Intentionally setting a fire.
Behavior Contract: A contract either oral or written developed between the student and a teacher, the principal, and/or other school
personnel. Parental involvement is highly recommended.
Behavior (physical) Inappropriate for School Setting, Activity, or Bus (Level 1) Examples: Kicking, poking, pinching, running, fighting,
pushing.
Behavior (other) Inappropriate for School Setting, Activity, or Bus (Level 1). Example: shouting.
Behavior (physical or other) Inappropriate for School Setting, Activity, or Bus (Level 2): Repeated or extreme instances of the above
defined behavior.
Bomb Threat (Level 4): Any communication which has the effect of threatening an explosion to do malicious, destructive or bodily harm to
school system property, at a school function or extra-curricular/co-curricular activity or to the person(s) in or on that property or attending that
event.
Bullying: An aggressive behavior that is intended to cause distress or harm, exists in a relationship in which there is a perceived imbalance of
power or strength, and is repeated over time. Examples: hitting, teasing, obscene gestures, rumors, getting someone else to bully, cyberbullying. School Board Policy 2.15. (Level 2- first offense, Level 3 – subsequent offenses).
Burglary (Level 4): Entering or remaining in a structure or on a conveyance with the intent to commit an offense therein unless the premises
are at the time open to the public or the person is licensed or invited to enter. FS 810.02.
Cell Phones In Use (Level 2): Cell phones and similar wireless devices may be in the possession of students on campus but cannot be
visible, activated, and/or inappropriately used during regular school hours or on the school bus.
Cheating/Plagiarism (Level 2): Willful or deliberate unauthorized use of the work of another person for academic purposes and/or
inappropriate use of notes/material in the completion of an academic assignment or test and/or inappropriately providing information.
Child Abuse: Abuse is defined as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or
is likely to cause the child’s physical, mental or emotional health to be significantly impaired.”
Co-Curricular Program or Activity: A school sponsored activity which is an extension of the actual course of study.
Complaint: An allegation, verbal or written, officially made to a principal/administrator or guidance counselor.
Computer Fraud (Level 3): Accessing or breaking into documents that are unauthorized.
Contraband (Level 2): Possession, use and/or distribution of materials or items which are forbidden including but not limited to, i.e. matches,
toys, animals, lighters, stink bombs, cards. The type of contraband and the context in which the contraband is used and/or discovered will be
considered in determining whether the contraband is a Level 2 or Level 3 infraction. Contraband may be confiscated and not returned to the
student.
Contraband (Level 3): Possession, use and/or distribution of materials or items which are forbidden including but not limited to, drug
paraphernalia, imitation alcohol, imitation drugs, synthetic drugs (K-2, bath salts, etc.), bullet, or stolen property. Contraband may be
confiscated and not returned to the student.
Counsel and Direction: Students involved in misconduct may be given counsel and direction in a conference with the staff or administration;
the misconduct is discussed and future expectations outlined. Parents can be involved.
Criminal Street Gang Activity (Level 3): Activity that intentionally benefits, promotes or furthers the interest of a criminal street gang. A
criminal street gang is a formal or informal organization or group that has as one of its primary activities the commission of criminal or
delinquent acts and that consists of three or more persons who have a common name or common identifying signs or symbols and have one or
more members that engage in a pattern of criminal street gang activity.
Criminal Street Gang Activity (Level 4): Activity as a gang member that includes threats, intimidation or violence.
Cyber Attack (Level 4): Introducing unwarranted programs or tools into network server.
Detention: Students can be detained before, during, or after school hours for misconduct with approval of the principal or his designee.
Parents or guardians are to be notified that the student will be detained. Responsibility for transportation is that of the student and/or the
parent.
Disorderly Conduct (Level 3): Creation of disorder at any school property, school sponsored or related event, or on any school sponsored
transportation.
39
Disrespect for Others (Level 1 & 2): Conduct or behavior which demeans, degrades, antagonizes, humiliates or embarrasses a person or
group of persons.
Disruptive Conduct (Level 1) (Minor): Creating disruption of activity or education of others.
Disruptive Conduct (Level 2): Repeated or extreme instances of the activity described above.
Dress Code Violation (Level 1): See page 20.
Drugs: See chart on page 23.
Early Re-Entry Plan for Expelled Students: Parents or guardians may request that consideration be given to the development of an early reentry plan from expulsions in accordance with procedures described. See page 36.
Early Sign-Out: Student leaving school prior to scheduled dismissal time.
Electric Weapon or Device: Any device which, through the application or use of electrical current, is designed, redesigned, used, or intended
to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. Example: stun gun, electric weapon
Expulsion: Expulsion is defined as the removal of the right and obligation of a student to attend a public school in Marion County for a period
of time and under conditions set by the School Board not to exceed the remainder of the term or school year and one additional school year of
attendance. Expulsion also bars attendance at any public school function. THE SCHOOL BOARD OF MARION COUNTY HAS THE SOLE
RIGHT TO EXPEL A STUDENT FROM SCHOOL UPON RECOMMENDATION OF THE SUPERINTENDENT. See page 34.
Extortion (Level 3): The willful or malicious threat of harm, injury or violence to a person, property or reputation of another with the intent to
obtain money, information, services or items of material worth.
Extra-curricular Program or Activity: A school-sponsored activity which is outside of the actual course of study and which carries no
academic credit. Certain academic and behavioral expectations must be met for participation.
Failure to Comply with School Rules (Level 1): Examples: out of area without permission; failure to sign in and out; missing identification
badge; public display of affection; truancy; tardiness; lack of required materials and equipment.
Failure to Comply with School Rules (Level 2): Repeated or extreme instances of the examples listed above; disobedience of rules that
involve risk to safety or welfare of others.
False Accusation (Level 4): A student may be recommended for expulsion if he/she is found to have intentionally made false accusations
against a school board employee that could jeopardize the employee's employment, professional reputation or certification.
False Fire Alarm (Level 3): The willful and/or malicious activation of a fire alarm system or the willful and/or malicious reporting of a false fire.
False and Misleading Information (Level 2): Providing false, misleading or invalid statements, making false accusations, and/or withholding
valid information.
Felony Transfer (Level 4): F.S. 1006.09(2) permits suspension proceedings against any enrolled student who is formally charged with a
felony or with a delinquent act which would be a felony if committed by an adult, 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 parents of the student by the principal of the school to have an adverse impact on the education program, discipline or welfare in the school
in which the student is enrolled. See page 32.
Fighting (Level 2): Physical conflict between two or more individuals where the participation is mutual and equitable and/or there is no
weapon or injury.
Fighting (Level 3): Physical contact between two or more individuals where the participation is not mutual or equal, or a weapon is used, or in
which injury that requires immediate first aid or subsequent medical attention occurs.
Fighting (Level 4): Physical contact between two or more individuals where the participation is not mutual or equal, or a weapon is used, or
with greater violence, or more serious injury, or physical restraint is required.
Fireworks with Fuses (Level 3): Unauthorized possession and/or igniting of fireworks with fuses or firecrackers on school system property, at
a school function or extra-curricular/co-curricular activity.
Force or Violence Against School Employees or Volunteers (Level 3): Use of force or violence upon or against any employee of the
Marion County School Board.
Force or Violence Against School Employees or Volunteers (Level 4): Intentionally striking or causing bodily harm to any employee of the
Marion County School Board.
Grievance: A written allegation, officially presented to a principal/administrator or guidance counselor.
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Gross Insubordination or Open Defiance (Level 3): Willful refusal to submit to or comply with authority; exhibiting contempt or open
resistance to a direct order.
Harassment: Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct
directed against a student. (Level 2- first offense, Level 3 – subsequent offenses)
Hazing (Level 4): An action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student at a high
school with grades 9 through 12 for the purposes including, but not limited to, initiation or admission into or affiliation with any organization
operating under the sanction of a high school with grades 9 through 12.
Imitation Alcohol Products (Contraband Level 3): Possession of beverages such as O’Doul’s which contain traces of alcohol.
Inappropriate Language, Gestures or Materials (Level 1): Examples: Possession of adult or sexually explicit printed materials or pictures;
using vulgar language in an inappropriate setting; making rude gestures.
Inciting, Leading or Participating in a Major Student Disorder (Level 4): The willful act of inciting, leading or participating in a disruption or
disturbance which interferes with the educational process or which can result in damage or destruction to public or private property, or cause
personal injury to participants and others.
Inhalant/Inhaling/Huffing (Level 3): To inhale or ingest, or to posses with intent to breathe, inhale, or drink, any compound, liquid, or
chemical substance which will lead to impairment.
Insubordination (Level 1): Refusal or failure to comply with a direction or an order from a school employee.
Insubordination (Level 2): Repeated or extreme instances of the behavior described above.
Intentional Damage of School Property/Personal Property): Destruction or defacing of school property/personal property which the repair
costs are between $26 - $200 (Level 2) or between $201 - $1,000 (Level 3).
Intimidation (Level 3): To force or deter with threats or violence, to instill fear in someone, to make someone afraid.
Manifestation: If a child’s misbehavior is a result of his or her disability, the misbehavior is called a “manifestation” of the disability.
Medication (Over the Counter) (Level 1): Possession of over the counter, non-prescription drugs. See chart on page 23.
Other Serious Misconduct (Level 3): Conduct which is not listed as a specific infraction but which results in injury, damage to property, or
serious harm other than of a physical nature to one or more individuals.
Other More Serious Misconduct (Level 4): Conduct which is not listed as a specific infraction but which results in more serious injury,
damage to property, or serious harm other than of a physical nature to one or more individuals than that listed above
Parent Conferences/Contact: In cases of student misconduct, a conference between school personnel and the parent or guardian may be
held to discuss student behavior. During this conference future plan, alternative educational opportunities, or behavior contracts may be
determined.
Payment for Damages: Students destroying school property or property of others may be assessed for payment of damages and their parents
may be held responsible to assure payment.
Permanent Removal from Extra-curricular/Co-curricular Program or Activity: Removal from such program or activity for the remainder of
the school year.
Profane, Obscene or Abusive Language, Gestures or Materials (Including Internet) (Level 2): Use of either oral or written language,
gestures, objects or pictures which are socially unacceptable or which may tend to disrupt the orderly school environment, a school function, or
extra-curricular - co-curricular activity. Sexual, vulgar or lewd gestures or motions, making sexual, vulgar or lewd remarks.
Reasonable Suspicion: Reasonable suspicion means that the person who initiates the warrantless search has a well founded suspicion –
based on facts that can be articulated – of either criminal activity or a violation of school rules.
School/Classroom Positive/Negative Reinforcement Plans: Individual schools and/or teachers may develop structured discipline plans to
encourage appropriate behaviors. Examples of such plans would be those modeled after concepts set forth in "Teacher Expectations and
Student Achievement" (TESA), "Teacher Effectiveness" (TET), or "Assertive Discipline" programs. Such plans may not conflict with the Code
of Student Conduct.
Serious Campus Disruption (Level 4): Creation of serious disorder at any school property, school sponsored or related event, or on any
school sponsored transportation.
Sexual Battery (Level 4): Any sexual act directed against a person, forcibly or against the person’s will, or not forcibly against the person’s will
where the victim is not capable of giving consent because of his or her youth or because of temporary or permanent incapacity.
41
Sexual Harassment (Level 3): Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical
contact of a sexual nature when such conduct substantially interferes with a student’s academic performance or creates an intimidating hostile
or offensive school environment. Sexual harassment may include the following: verbal harassment or abuse, pressure for sexual activity,
repeated remarks to a person with sexual or demeaning implications, unwelcome or inappropriate touching, suggestive or demanding sexual
involvement accompanied by implied or explicit threats.
Sexual Offenses (Level 3): Exposing or exhibiting one’s private areas in public in a vulgar or indecent manner. Intentionally touching in a lewd
or lascivious manner the clothed private areas of another or of oneself, using or possessing a wireless communication device to view, or
transfer or store material of a sexual nature.
Sexual Offenses (Level 4): Intentionally touching in a lewd or lascivious manner the private areas of another person or oneself. Forcing a
person to so touch the perpetrator, or sexual contact/activity.
Smoking (and Other Use of Tobacco Products) (Level 2): The unauthorized possession, use, distribution or sale of tobacco products on
school system property, at a school function or extracurricular/co-curricular activity. Smoking prohibited by students on or within 1000 feet of
school property between 6 a.m. and midnight unless they are in a moving vehicle or a private residence.
Special Programs-Alternative Classrooms: Students may be assigned to special programs on the school campus or at special centers to
assist in correcting student misbehavior and disruptive behavior.
Special Work Assignments: The assignment of a reasonable task to be completed by a student is permissible. Such a work assignment
should not be to complete additional academic work.
Substance Abuse: Using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce
impairment resulting in dysfunctional social behavior.
Suspension: Suspension, also referred to as out-of-school suspension, is the temporary removal of a student from all classes of instruction on
public school grounds and all other school-sponsored activities, except as authorized by the Principal or the Principal’s designee, for a period
not to exceed ten (10) school days and remanding of the student to the custody of the student’s parent with specific homework assignments for
the student to complete.
Suspension (In-School): Students may be removed from a class or classes and assigned to other activities on the school campus. Other
activities may include supervised work details.
Suspension from Bus Riding Privileges: Students may be suspended from bus riding privileges for misconduct on the school bus for up to
ten (10) school days. The School Board may suspend a student from bus riding privileges for longer periods of time. A student suspended
from bus riding privileges continues with the responsibility to attend school. The responsibility for transportation to and from school for the
duration of the suspension now becomes the responsibility of the student, or the student's parents.
Tardiness: Excessive late arrival to school or class.
Temporary Removal from Extra-curricular/Co-curricular Program or Activities: May result in suspension or removal of an activity or extracurricular events.
Theft (Level 2): The taking of property of another without permission of the owner where the property has a value of less than $300.
Theft (Level 3): The taking of property of another without permission of the owner where the property has a value of over $300.
Threat (Level 2): Orally or by written or printed communication expressing one’s intention of hurting or punishing or otherwise harming an
individual or a member of the individual’s family.
Threat (Level 3): Orally or by written or printed communication expressing one’s intention of hurting or punishing or otherwise harming an
individual or a member of the individual’s family such that a reasonable person would be fearful and having the ability to carry out the threat.
Threat (Level 4): See Victimization/Extortion or Threats/Intimidation of a More Serious Nature.
Trespassing (Level 3): Entering upon or remaining on any property, a structure or conveyance without being authorized, licensed or invited to
do so and being warned by the owner or owner’s agent or by notice pursuant to FS 810.09, or, in the case of entry upon or remaining on school
grounds or buildings, not having legitimate business on the campus or authorization, license or invitation to be there or being under
suspension, alternative placement or expulsion.
Unauthorized Absence from School or Class: Violation of the State Attendance Laws requiring school attendance or "skipping" an individual
class or classes. Unexcused absence.
Unauthorized Assembly, Publication, Etc.: Demonstrations and/or petitions by students, or possession and/or distribution of unauthorized
publications which interfere with the orderly process of the school environment, a school function, or extracurricular/co-curricular activity.
Unauthorized Use of Internet (Level 3): Use of internet on any computer located on school grounds in violation of the current School Board
acceptable use policy and guidelines.
42
Unauthorized Use of Other Person’s Name or Signature (Level 2): Using the name, identifying number or symbol or signature of another
person for any purpose without that person’s authorization or permission with the intention of deceiving a School Board employee or under
circumstances which could be reasonably calculated to deceive the employee.
Under the Influence-Alcohol: Positive test results or student admission of alcohol consumption or observation of student’s alcohol
consumption or behavior (slurred speech, breath scent, unsteady gait, etc.) suggesting recent alcohol consumption.
Under the Influence-Drugs: Positive test results or student admission of drug usage or observations of student’s drug usage or behavior (red
eyes, lethargic or erratic behavior, dilated pupils, etc.) suggesting recent drug usage.
Unsubstantiated Bullying and/or Harassment: After a complete investigation of a reported incident, the investigator determines that there is
not enough evidence to substantiate that the incident meets the criteria of a prohibited act.
Vandalism (Level 4): Destruction of school property causing disruption of normal school activities (Cost to repair over $1000).
Verbal Correction/Reprimand: Any member of the school staff may verbally correct a student for misconduct in the classroom, hallways, on
the school grounds, going to and from school, or a scheduled school function.
Victimization/Extortion or Threats/Intimidation of a More Serious Nature (Level 4): A person who willfully, maliciously, and repeatedly
follows and/or harasses student, employee, or volunteer with intent to place that person in reasonable fear of death or bodily injury.
Violation of Attendance Procedures (Level 1): Ex.: Tardiness, truancy, failure to check in when tardy, failure to check out when leaving.
Violation of Attendance Procedures (Level 2): Repeated or excessive violations as described above.
Violation of Early Re-Entry Plan/Probation: Any act or series of acts which violates or has the practical effect of violating an early re-entry or
a probationary plan.
Weapon-like Contraband (Level 3): Possession of any weapon defined in Category B on Page 24 of the Code of Student Conduct will be at
least a Level 3 infraction. The type of weapon (Category B, rather than Category A), and the context in which the weapon is used and/or
discovered will be considered in determining whether the weapon is a Level 3 or 4 infraction. Pursuant to FS 790.115(2)(a)(3) the School
Board has adopted a published policy prohibiting the provision of any firearm, electric weapon or device, destructive device, or other weapon
as defined in FS 790.001 (13), including a razor blade or box cutter, in a student vehicle parked on campus. This policy is permissible
contravention of FS 790.025 regarding weapons in vehicles. See Page 24.
Weapons and Firearms (Level 4): Possession of any weapon defined in Category A on page 24 of the Code of Student Conduct will be a
Level 4 infraction and will require mandatory expulsion. See page 34. The School Board has the discretion to expel any student in possession
of a weapon listed in Category B on page 24 of the Code of Student Conduct. The type of weapon (Category B, rather than Category A), and
the context in which the weapon is used and/or discovered will be considered in determining whether the weapon is a Level 3 or 4 infraction.
Pursuant to FS 790.115(2)(a)(3) the School Board has adopted a published policy prohibiting the provision of any firearm, electric weapon or
device, destructive device, or other weapon as defined in FS 790.001 (13), including a razor blade or box cutter, in a student vehicle parked on
campus. This policy is permissible contravention of FS 790.025 regarding weapons in vehicles. See Page 24.
Wireless Device: Any device that can communicate with other devices without being physically attached to them, including but not limited to
cellular telephone, camera telephone or pager.
Withdrawal of Privileges: The temporary withdrawal of privileges which do not impact the health and safety of students nor impair the
development of the basic academic program for the student.
Work Details: Students may be required to serve on work details at the school for misconduct. Each work detail shall not endanger the health
or safety of a student.
43
2013-2014 Code of Student Conduct Committee
George D. Tomyn, Superintendent
Marion County School Board Members
Ronald B. Crawford, Chairman
Bobby James ~ Angie Boynton ~ Carol Ely ~ Nancy Stacy
_________________________________________________________________________
ELEMENTARY SCHOOLS
DISTRICT
Jeff Cook
Reggie Landers
Dama Abshier
Kerry Cook
Brian Greene
Reginald Thomas
Nancy Thrower
Cathy Trammell
Mark Vianello
Greenway
Reddick-Collier
Alternative Programs
Transportation
Alternative Programs
Transportation
Exceptional Student Educ.
Social Work Services
Student Services
MIDDLE SCHOOLS
COMMUNITY
Reeshemha Anderson
Shameka Murphy
Lauren Roberts
Osceola
Liberty
Howard
Manette Cheshareck Quit Doc Foundation
Lieut. de la Rua
Marion County Sheriff
Columbus Watts
Lake Weir
HIGH SCHOOLS
Don Maier
SCHOOL BOARD
Lake Weir
Bobby James
Beverly Morris
Member
Attorney
44
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