| School Board of Alachua County |
| Bylaws & Policies |
5600.01 - 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, regardless of their economic status, race or disability, but are not intended to be rigorously applied to petty acts of misconduct and misdemeanors.
Reporting to Law Enforcement
School discipline is primarily the responsibility of the school administrators, not law enforcement. The District seeks to avoid the unnecessary criminalization of students. Police involvement should be limited to situations when it is necessary to protect the physical safety of students and staff or to address criminal behavior. Police involvement should not be requested for infractions that can be safely and appropriately handled by the school’s internal disciplinary procedures. Disproportionate use of police intervention in inappropriate situations shall be cause for corrective action by the Board.
Law enforcement personnel working on school grounds should exercise their authority to arrest in a manner that is consistent with the goals and requirements of this policy.
Florida law requires that students 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; |
shall 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.
The Superintendent may consider the one (1) year expulsion requirement on a case-by-case basis and request that the Board modify the requirement by assigning a student to a disciplinary program or second chance school. The Superintendent's request for modification must be in writing, and the Board may approve the request if it is determined to be in the best interest of the student and the school system. If a student committing either of the offenses enumerated above is a student who has a disability, the Board shall comply with applicable State Board of Education rules for discipline of such students. (F.S. 1006.07(2))
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 elected official of the School District, teacher, administrator, or other School District personnel, shall be recommended for expulsion or placement in an alternative school setting, as appropriate, for a minimum period of one (1) year. 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 so that acts that pose a serious threat to school safety, whether committed by a student or adult, are reported to a law enforcement agency having jurisdiction.
Acts that Pose a Serious Threat to School Safety
Student conduct that presents a real and immediate threat to student, teacher or school safety should be reported to law enforcement. Such acts include, but are not limited to:
| A. | homicide (murder, manslaughter); | ||
| B. | sexual battery; | ||
| C. | armed robbery; | ||
| D. | aggravated assault or battery; | ||
| E. | battery on school personnel; | ||
| F. | kidnapping or abduction; | ||
| G. | arson; | ||
| H. | possession, use or sale of illegal drugs; | ||
| I. | possession of a firearm or other weapons; | ||
| J. | possession, use or sale of any explosive device; or | ||
| K. | placing, discharging, or throwing an explosive item or noxious substance or making threats to do so.. |
The Principal shall ensure that all school personnel are properly informed as to their responsibilities regarding crime reporting, that appropriate delinquent acts and crimes are properly reported, and that actions taken in cases with special circumstances are properly taken and documented.
Petty Acts of Misconduct
This zero tolerance policy does not require the reporting of petty acts of misconduct and misdemeanors to a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school function, simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000. The District will seek to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety.
Victims of Violent Crime
If an offense involves a victim, the principal shall notify the victim of such offense, and of the victim’s right to press charges against the offender. The principal will take steps necessary to protect the victim of a violent crime from any further victimization. School personnel shall cooperate in any investigation or other proceedings leading to the victim’s exercise of rights as provided by law.
If the Board receives notice from the Department of Juvenile Justice, as required by law, that a student enrolled in the District has been adjudicated guilty of or delinquent for, or is found to have committed, regardless of whether adjudication is withheld, or pleads guilty or nolo contendere to, a felony violation as set forth in F.S. 1006.13(6)(a), the Board shall, pursuant state law and to the adopted cooperative agreement with the Department of Juvenile Justice, require that any no contact order entered by a court be enforced and that all of the necessary steps be taken to protect the victim of the offense, or a sibling of the victim.
The District will adopt a cooperative agreement with the Department of Juvenile Justice which establishes guidelines to report and enforce any adjudication, withholding of adjudication, plea or no-contact order entered by a court.
Review of Disciplinary Action
Students may request a review of disciplinary action taken, pursuant to procedures outlined in the Code of Student Conduct.
F.S. 1006.13
s.3, Ch. 2009-53, L.O.F.
Adopted 11/2/10
Revised 3/20/12
© Neola 2011