| School Board of Charlotte County |
| Bylaws & Policies |
5500 - STUDENT CONDUCT AND DISCIPLINE
Respect for law and for those persons in authority shall be expected of all students. This includes conformity to school rules as well as general provisions of laws affecting students. Respect for the rights of others, consideration of their privileges, and cooperative citizenship shall also be expected of all members of the school community.
Respect for real and personal property; pride in one's work; achievement within the range of one’s ability; and exemplary personal standards of courtesy, decency, and honesty shall be maintained in the schools of this District.
Teachers, school bus drivers, and other employees of this School Board having authority over students shall have the authority to take such means as may be necessary to control the disorderly conduct of students in all situations and in all places where such students are within the jurisdiction of this Board and when such conduct interferes with the educational program of the schools or threatens the health and safety of others.
Student conduct shall be governed by the
Code of Student Conduct and Florida statute. Law enforcement shall be notified as required by statute in the areas of substance abuse, sexual battery, child abuse, and acts of zero tolerance. Students may be subject to discipline for violation of the Code of Student Conduct even if that conduct occurs on property not owned or controlled by the Board. The Code of Student Conduct shall be approved and adopted by the Board annually. Any Board decision which conflicts with provisions in the Code of Student Conduct shall prevail until revisions are adopted.Zero Tolerance for School Related Crimes
The Board has zero tolerance for conduct that poses a serious threat to school safety. Zero tolerance policies must apply equally to all students. They are not intended to be rigorously applied to petty acts of misconduct and misdemeanors, and therefore, are not required to be reported to a law enforcement agency. Exceptions include weapons and drug related offenses. Petty acts of misconduct include, but are not limited to the following:
| A. | Disorderly conduct; | |
| B. | Disrupting a school function; | |
| C. | Simple assault or battery; | |
| D. | Verbal abuse or the use of profanity; | |
| E. | Cheating that does not involve an additional criminal act; | |
| F. | Theft of less than $300; | |
| G. | Trespassing, and vandalism of less than $1,000; | |
| H. | Possession or use of tobacco; and | |
| I. | Other minor school-based offenses delineated in the Code of Student Conduct. |
Students who are determined by the principal to have committed a zero tolerance crime on school property, on school sponsored transportation, or during school sponsored activities, shall be recommended to the Superintendent for expulsion. The Superintendent will consider each recommendation for expulsion through the Suspension Expulsion Review Team (SERT) process on a case-by-case basis and may assign a student to a disciplinary program or alternative setting if it is determined to be in the best interest of the student and the school system.
Notwithstanding any other provision of Board policy, pursuant to F.S. 1006.13(5), any student found to have committed an act of assault or aggravated assault or battery or aggravated battery, on any Board employee or school volunteer, shall be recommended for expulsion or placement in an alternative school setting. Upon being charged with such offense, the student shall be removed from the classroom immediately and placed in an alternative school setting pending disposition.
The District shall enter into agreements with local law enforcement specifying procedures for ensuring that acts that pose a serious threat to school safety, whether committed by a student or adult, are reported to a law enforcement agency. The following list of offenses shall be considered zero tolerance crimes:
| A. | Aggravated assault (threat with a weapon); | |
| B. | Aggravated battery; | |
| C. | Armed robbery; | |
| D. | Arson; | |
| E. | Battery or aggravated battery on a teacher or other school personnel; | |
| F. | Bona fide threat; | |
| G. | False report; | |
| H. | Homicide (murder, manslaughter); | |
| I. | Kidnapping or abduction; | |
| J. | Possession, use, or sale of any explosive device; | |
| K. | Possession, use, or sale of any weapon or firearm; | |
| L. | Sale, distribution, possession, receipt, or delivery of illegal drugs; | |
| M. | Sexual battery; and | |
| N. | Victimization. |
The principal or the principal's designee shall notify a local law enforcement agency when a zero tolerance crime has been committed.
Florida law requires that students be expelled with or without continuing educational services from the student’s regular school for a period of not less than one (1) full year, and that the student shall be referred to the criminal justice or juvenile justice system if found to have committed one of the following offenses:
| A. | Bringing a firearm or weapon, as defined in F.S. Chapter 790, to school, to any school function, or onto any school-sponsored transportation, or possessing a firearm at school; or | |
| B. | Making a threat or false report as defined by F.S. 790.162 and 790.163, involving school or school personnel’s property, school transportation, or a school-sponsored activity. |
Victim's Rights
If the offense involves a victim, the victim and the victim's parents or legal guardian shall also be notified of the offense and of the victim's right to make a statement to law enforcement officials. Furthermore, if the Board receives notice from the Department of Juvenile Justice, as required by law, that a student enrolled in the District is found to have committed an offense involving a victim, any no contact order entered by a court, regardless of adjudication status, will be enforced and all necessary steps will be taken to protect the victim of the offense or a sibling of the victim.
In addition, a victim of a violent crime as defined in Florida Statute, will be advised of his/her right to transfer to another school within the District.
F.S. 1001.42, 1001.43, 1002.20, 1003.01, 1003.53, 1006.07, 1006.08
F.S. 1006.12, 1006.13
F.A.C. 6A-1.0404
Revised 9/28/10
Revised 4/24/12
© Neola 2011