| School Board of Alachua County |
| Bylaws & Policies |
5610.06 - RE-ASSIGNMENT TO ALTERNATIVE PROGRAMS
The Board recognizes that the regular school program may not be appropriate for all students and that certain students may need special programs to help them overcome attendance, academic, and/or behavioral problems.
Disciplinary Program
The Horizon Center is an alternative disciplinary program for middle and high school.
A student is eligible for the program under any of the following criteria:
| A. | The student has a history of disruptive behavior in school. | |
| The student has been referred to the office for major (Levels I or II) disciplinary reasons for which the student has received at least two (2) out-of-school suspensions. The student's discipline record for the most recent three (3) semesters will be considered for purposes of eligibility. The student's record in other school districts may be considered. | ||
| B. | The student has committed an offense which would warrant expulsion from school according to the Code of Student Conduct. | |
| C. | The student is returning from detention or a court-adjudicated commitment program and the student has been evaluated by District personnel; the student shall not be automatically assigned to Horizon Center. |
Upon recommendation of the principal, re-assignment to the Center is made by the Superintendent, effective on a specified date, and the parent is notified in writing.
The parent or legal guardian may request a hearing on the re-assignment. A request for a hearing must be received in writing at the office of the Superintendent within ten (10) calendar days from the parent's receipt of the notice of re-assignment. The student's assignment to the center shall be effective on the date specified, which may be before the date of the hearing.
Hearings will be held pursuant to the provisions of Policy 5612, Student Hearings. Assignment to the Center will normally be effective for at least one (1) full semester. Transfers from the Center will normally occur only at the end of a semester or the end of the extended school year.
When the student has demonstrated acceptable behavior, attendance, and academic progress while at the Horizon Center, the principal of the Center will notify the receiving school. As a condition of return to the receiving school, the student may be required to enter into a performance contract on such terms as established by the Center and the receiving school.
Student Transfer - Felony Charges
Florida statutes provide for the transfer to an alternative program of an enrolled student who is formally charged with a felony, or with a delinquent act which would be a felony if committed by an adult, for an incident which allegedly occurred on property other than public school property, if that incident is shown to have an adverse impact on the educational program, discipline, or welfare in the school. Such transfer will only apply under circumstances in which the student would not already be subject to the rules and regulations of the Board.
The following procedures shall be followed if the principal proposes a felony transfer pending determination of the student's guilt or innocence, or the dismissal of the charge, by a court of competent jurisdiction:
| A. | Upon receiving proper notice that a student has been formally charged with a felony or with a delinquent act which would be a felony if committed by an adult, the principal shall notify the parent/guardian or adult student, in writing, of the specific charges and of the right to a hearing prior to transfer to an alternative program. Such notice shall set a date for the hearing which shall be not less than two (2) school days nor more than five (5) schools days from date of postmark or delivery. It shall also advise of the conditions under which a waiver of discipline may be granted. | |
| B. | The hearing shall be conducted by the principal and may be attended by the student, the parent/guardian, the student's representative or counsel, the principal's designee and any witnesses requested by the student or the principal. A hearing can be held without the attendance of the parent/guardian after proper notification. | |
| C. | The student may speak in his/her own defense, may present any evidence indicating his/her eligibility for waiver of disciplinary action and may be questioned on his/her testimony. However, the student shall not be threatened with punishment or later punished for refusal to testify. | |
| D. | The issue at the hearing shall be if the incident would have an adverse impact on the education program, discipline, or welfare in the school. In conducting the hearing, the principal or designee shall not be bound by rules of evidence or any other courtroom procedure and no transcript of testimony shall be required. | |
| E. | Following the hearing, the principal shall provide the student and parent/guardian with a decision, in writing, as to whether or not student transfer for felony charges will be recommended. | |
| F. | The Superintendent will notify the parent or guardian of the effective date of re-assignment. | |
| G. | If the charges are subsequently dismissed or reduced below the felony level, the student will be re-assigned to the zoned school. |
For a student with a disability, the principal shall follow the discipline procedures for students with disabilities.
F.S. 1003.53, 1006.09
F.A.C. 6A-1.0956
Adopted 7/17/07
Revised 10/6/09