5500 - STUDENT CONDUCT

Brevard County (Florida)

Bylaws & Policies

5500 - STUDENT CONDUCT

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 law 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.

The Superintendent shall establish procedures to carry out the rules and philosophy of the Board, and shall hold all school personnel, students, and parents responsible for the conduct of students in schools, on school vehicles, and at school-related events. Accordingly, all school personnel shall be informed of and responsible for all Board administrative procedures concerning discipline. All school personnel shall become involved in the discipline process anywhere on campus or at school functions off campus.

The following provisions shall be used to govern student conduct at all school-sponsored activities and at any time the student is under school jurisdiction. It is the responsibility of students to become knowledgeable of and to abide by these conduct provisions. School principals shall be responsible for informing students of conduct provisions at the beginning of each school year.

A.	SCHOOL BASED OFFENSES

	1.	Cheating

		Cheating is an offense which shall be handled by the school in whatever manner will best serve the interest and development of the student consistent with law and policy.

	2.	Misconduct

		Actions by students which are insubordinate or show disrespect for others or general misconduct which disrupts the learning situation shall not be tolerated. If the situation cannot be handled by the teacher, it shall be referred to an administrator. Definite corrective action appropriate to the individual situation shall be taken which may include suspension or expulsion.

	3.	Student Dress

		Instances in which students deliberately defy the dress code established by their school shall be treated the same as misconduct.

	4.	Public Affection

		Public affection is in poor taste. Students who continue to engage in public affection after being warned by the teacher shall be referred to the appropriate administrator. If the problem continues after a warning, it shall constitute an act of misconduct, which may result in suspension.

	5.	Verbal Abuse or Profanity

		Verbal abuse shall be interpreted to include any profane, obscene, vulgar, racial slur or slang, or unnecessarily crude utterance, gesture, or display, reflecting on an individual’s gender, race, color, religion, ethnic or national origin, age, sexual orientation, social and family background, linguistic preference, or disability, which has the purpose or effect of creating an intimidating, hostile, or offensive educational environment or unnecessarily crude utterance, gesture, or display. It shall not matter for disciplinary purposes whether it is directed toward the teacher, classmates, or merely done overtly. Such instances shall receive the appropriate action which may include suspension.

	6.	Theft or Pilfering

		A student involved in the act of stealing or in possession of stolen property may be suspended from school. Parents or guardians may be requested to come for a conference with school officials. Efforts shall be made to secure reimbursement or replacement of the money or items taken. Criminal charges may be filed. The student may be recommended for expulsion.

	7.	Student Possession of Tobacco on School Grounds

		While under school jurisdiction, students shall be prohibited at all times from smoking or having tobacco in any form in their possession. Punishment shall include definite corrective action.

	8.	Vandalism and Tampering

		Any deliberate or wanton abuse of school or private property shall be considered vandalism. Cases of vandalism by students shall be reported to the appropriate administrator as soon as possible. Action, regardless of the value of the damage, may result in suspension of the student from school. The parent or guardian shall be requested to meet with the school officials to make arrangements for restitution for damage. Criminal charges may be filed; the student may be recommended for expulsion.

	9.	Violent Behavior

		Acts of assault, violence, intimidation, fighting, or extreme antagonism toward other persons shall immediately be reported to the appropriate administrator. Definite corrective action shall be taken. If, upon investigation, the facts warrant such, the student shall be suspended or recommended for expulsion. Criminal charges may also be filed.

	10.	Threats

		Serious threats made by a student against the life of another student, teacher, or other school personnel shall immediately be reported to the appropriate administrator. Definite Corrective action appropriate to the individual situation shall be taken, which may include suspension or a recommendation for expulsion. The school administrator shall inform the person to whom the threat was directed of the situation. This provision will apply to secondary schools only.

	11.	False Accusations

		Accusations or charges made by a student against a teacher, administrator, or other School District personnel shall be reported to the principal or designee, who shall conduct a complete investigation of the accusations or charges made by the student. Any student found to have intentionally made false accusations or charges that jeopardize the professional reputation, employment, or professional certification of a teacher, administrator, or other School District personnel, shall be subject to disciplinary action for a serious breach of conduct which may include a recommendation for expulsion or assignment to a second chance school operated by the District.

	12.	Failure to Report Serious Offenses

		Students who are aware of serious offenses, which include but are not limited to, the possession of weapons, firearms, and drugs, must report that information to a teacher or administrator at their earliest opportunity. Failure to report serious offenses may be cause for disciplinary action.

B.	CRIMINAL OFFENSES

	1.	Dangerous or Disruptive Items

		Any item in the possession of or being used by a student which disrupts the class, distracts his/her attention from the class, defaces school property, or in any way endangers the safety of himself/herself or others shall be taken by the teacher and held until proper disposition of the item(s) can be made. Teachers are not to destroy such items. Students who refuse to cooperate shall be reported to the appropriate administrator for further action. Possession or use of a dangerous or disruptive item while on school property or in attendance at a school function is grounds for suspension and/or expulsion and referral to the proper law enforcement agencies.

		a.	Cellular Telephone/Pagers

			While students at District high schools may have in their possession cellular telephones all students, particularly those at elementary and middle schools, are discouraged from bringing cellular telephones to school. Possession of the devices alone however, is not a violation of the Code of Student Conduct. To minimize interruptions to the educational setting, except as authorized by an administrator or a teacher, students who elect to bring a phone to school may not use the cellular telephones or electronic paging devices at any time during the student's school day or while being transported on the school bus. As long as the device is turned off, students may have a cell phone or electronic device in their possession; however, the School District will not be responsible for lost or stolen devices. This section does not permit the student to bring radios, tape players, electronic games, or compact disks to school during the school day. Teachers and administrators will take appropriate actions if a student is observed using a cellular telephone or pager during the school day, or if such devices disrupt the instructional setting. Disciplinary actions may include: immediate confiscation, a parent conference, in-school suspension or suspension, and loss of privileges. The use of a wireless communication device in a criminal act will result in criminal penalties.

	b.	Weapons, Firearms

		The Board prohibits students from possessing, storing, making, carrying, concealing in a locker or vehicle or using a weapon or other devices designed to inflict serious bodily harm in any setting that is under the control and supervision of the District for the purpose of school activities approved and authorized by the District including, but not limited to, property leased, owned, or contracted for by the District, a school-sponsored event in a District vehicle or in school sponsored transportation, without the written authorization of the Superintendent.

		The term "weapon" means any object which, in the manner in which it is used, is intended to be used, or is represented, is capable of inflicting serious bodily harm or property damage, as well as endangering the health and safety or persons. Weapons include, but are not limited to: those objects defined in F.S. Chapter 790, firearms, guns of any type whatsoever, include air and gas-powered guns (whether loaded or unloaded), an antique firearm, a rifle, shotgun, BB gun, pellet gun, facsimile of a firearm, chemical weapon with a chemical propellant, knives, pocket knife, butter knife, sword, sword cane, dirk, metallic knuckles, slung shot, tear gas gun, chemical weapon or device, clubs, electric weapons, martial arts weapons, ammunition and explosives, shotgun shells, cartridges, or ammunition of a firearm, and common objects found to be weapons (box cutters, pencils, razor blades, etc.) or any destructive device such as any bomb, grenade, mine, rocket, missile, pipe bomb, explosive firearm (including a starter gun) which may readily be converted to expel a projectile; the frame or receiver of any such weapon; any firearm muffler or firearm silencer, machine gun, or short-barreled shotgun.

		This policy shall also encompass such actions as look-alike items, false fire alarms, bomb threats, or intentional calls to falsely report a dangerous condition.

		Further notice is given that except as determined by the Superintendent on a case-by-case basis, a student or an adult student who engages in such behavior while on school property, on school-sponsored transportation, school bus stop, or during school-sponsored activities shall be suspended, recommended for expulsion from school for not less than one (1) calendar year, and referred to the proper law enforcement agency for the purpose of criminal prosecution.

		Students found to be in possession of objects defined as weapons will not be allowed to participate in the District's (off-site) abeyance alternative program with the exception of the following: dirk, metallic knuckles, slung shot, and a chemical weapon with less than two (2) ounces of chemical propellant.

		Students found to violate this policy by possession any firearm to include a rifle or shotgun shall not be allowed to participate in the District's (off-site) abeyance alternative program.

		Students found to be in possession of a chemical weapon with two (2) ounces or less of a chemical propellant, sword, sword cane, common pocket knife, common butter knife, shot gun shells, cartridges, or ammunition of firearms, and common objects found to be weapons (box cutters, pencils, razor blades, etc.) may be eligible to participate in the District's (off-site) abeyance alternative program.

		The Superintendent shall prepare administrative procedures to ensure immediate reporting to the parent and to the local law enforcement agency and proper disciplinary action as provided for in student/parent handbook.

		The Superintendent is authorized to establish administrative procedures on weapons, which requires students to immediately report knowledge of weapons and threats of violence by students and staff to the building principal. Failure to report such knowledge may subject the student to immediate suspension and potential expulsion from school.

		Items pre-approved in writing by the Superintendent upon request of the building principal as part of a class or individual presentation or a theatrical prop used under adult supervision, if used for the purpose and in the manner approved, would be an exception to this policy. (Working firearms and any ammunition will never be approved as part of a presentation.)

		Procedures shall also include the immediate reporting to the appropriate law enforcement agency if a dangerous weapon is found or is suspected to be in the possession of a District employee or visitor.

2.	Possession, Sale, and/or Use of Alcoholic Beverages, Narcotics, Illegal Drugs, and/or Prohibited Substances

	a.	Possession, Sale, and/or Use

		Notice is hereby given that possession or sale of controlled substances, as defined in F.S. Chapter 893, by any student while such student is upon school property or in attendance at a school function is grounds for expulsion. Student possession of or being under the influence of alcoholic beverages, and/or hallucinogenic drugs or combinations of drugs or substances have hallucinatory effects, marijuana, or under the influence of glue or other drugs, or combinations of drugs or drug paraphernalia expressly prohibited by Federal, State, or local laws, including prohibited substances which shall include those substances possessed, sold, and/or used that are held out to be, or represented to be, controlled substances, illegal substances, or counterfeit in any respect illegal or controlled substances, at any school function or on school property is grounds for expulsion and referral to proper law enforcement agencies.

		Further notice is hereby given that possession of prescription drugs, or any over-the-counter medication, not specifically ordered for the student by a physician or the student’s parent or guardian while the student is at any school function or on Board property is grounds for disciplinary action which may include suspension, or expulsion and referral to proper law enforcement agencies.

	b.	Felony charge for Possession and/or Sale

		Upon complying with the requirements of law set forth in F.S. 1006.09 and State Board of Education Regulation F.A.C. 6A-1.0956, the principal is authorized to suspend a student who has been formally charged with a felony for the unlawful possession or sale of narcotics or drugs until the determination of his/her guilt is made by a court of competent jurisdiction. Upon being adjudicated guilty of a felony, the student may be recommended for expulsion.

	c.	Waiver

		A waiver of such discipline or expulsion may be granted if:

		1)	The student voluntarily discloses his/her unlawful possession of such drug prior to arrest, or

		2)	The student divulges information leading to the arrest and conviction of the person who supplied such drug to him/her. Any such information shall not be admissible in evident against the student in any subsequent criminal action.

		3)	The student commits himself/herself, or is referred by the court in lieu of a sentence, to a State-licensed drug abuse program and successfully completes the program.

3.	Extortion

	A student who blackmails or otherwise threatens another student for the payment of money of any sum or other consideration shall be suspended from school and parents or guardians shall be requested to come for a conference with school officials. A second offense shall be that of mandatory suspension of ten (10) days and automatic recommendation for expulsion. Efforts shall be made to secure reimbursement. Referral to proper law enforcement agencies shall be made.

	4.	Bomb Threats or Terroristic Threats and Throwing Explosives or Noxious Substances

		A student who threatens, places, discharges, or throws a destructive explosive item or noxious substance, or makes a terroristic threat while in or on Board property, or on school-sponsored transportation, or during school-sponsored activities shall be suspended from school. Further notice is given that except as determined by the Superintendent on a case-by-case basis, a student determined to have violated this Board policy shall be recommended for expulsion form school for not less than one (1) calendar year. A student who has been found to violate this Board policy shall not be eligible to participate in the District’s (off site) abeyance alternative program or the District’s earned return program pursuant to Board Policy 5610. The parent(s) and guardian(s) shall be requested to come for a hearing with school officials and make restitution for damages. The maximum penalty, depending on damage and intent, shall be expulsion and referral to proper law enforcement agencies.

	5.	Arson

		A student who deliberately or wantonly sets a fire to school property or while involved in a school activity either as a prank or deliberately to do damage to the property shall be suspended from school and the parent or guardian shall be requested to come for a conference with school officials and to make arrangements for restitution for damages. Maximum penalty, depending on damage and intent, shall be expulsion and referral to proper law enforcement agencies.

	6.	Inciting Others or Disruptions

		A student who counsels another person to riot, disrupt, or be absent or otherwise violate school rules, or who disrupts or interferes with the lawful administration or functions of the school shall be subject to suspension or expulsion depending upon the severity of the act.

	7.	Trespassing

		A student who violates the Florida State Trespass Law may be subject to suspension or expulsion and referral to proper law enforcement agencies.

8.	Felony Charge for Incidents off School Property

	a.	Felony Charge

		A student who is formally charged by a proper prosecuting attorney with a felony, or with a delinquent act which would be a felony if committed by an adult, for an incident occurring off Board property, and such incident has an adverse impact on the educational program, discipline, or welfare in the school in which the student is enrolled shall be subject to suspension. The school principal shall conduct an administrative hearing as outlined in F.A.C. 6A-1.0956 for the purpose of determining whether or not the student shall be recommended for expulsion. If circumstances warrant, a student may be suspended for a period of time which may exceed ten (10) days, as determined by the Superintendent. Such suspensions shall not affect the delivery of educational services to the student. The student shall be immediately enrolled in a daytime alternative education program, or an evening alternative education program, where appropriate.

	b.	Felony Conviction

		Any student who is convicted of, or is found to have committed, a felony or a delinquent act which would have been a felony if committed by an adult, regardless of whether adjudication is withheld shall not be allowed to participate in extra-curricular student activities.

		If the court determines that the student did commit the felony or delinquent act which would have been a felony, if committed by an adult, the school principal shall conduct an administrative hearing as outlined in F.A.C. 6A-1.0956 for the purpose of determining whether or not the student shall be recommended for expulsion, provided that the expulsion shall not affect the delivery of educational services to the student in any residential, nonresidential, alternative, daytime, or evening program outside of the regular school setting.

		A student's rights to participate in extra-curricular student activities may only be reviewed once the student has met all conditions set forth by the court. At that time the student may apply to the Superintendent or the Superintendent's designee to have his/her eligibility restored. Supporting documentation would be required at that time to be reviewed and validated by the Office of District and School Security. The decision of the Superintendent or Superintendent's designee shall be final.

9.	Assault or Battery on School District Personnel

	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 and placed in an alternative school setting 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.

10.	Community Control

	F.S. 948.03 Terms and Conditions of Probation or Community Control, states in part, that a juvenile on community control who is a public school student must attend a public adult education program or a dropout prevention program with a second chance school or an alternative to expulsion if the District offers such programs, unless the principal of the school determines that special circumstances warrant continuation in the regular school program.

	If the juvenile on community control attends a regular school program, the identity of the juvenile on community control, the nature of the felony offense committed by the juvenile, and the conditions of the community control must be made known to each of the student’s teachers.

When the principal is informed of a student on community control, either by the student disclosing such information on the student registration form, or notices from the Office of the Clerk of Court, the principal or designee will:

a.	hold a conference (administrative hearing) with the student and his/her parent or guardian to inform them of the notices of community control and the requirements to attend adult education, AASP, or continue in the regular school program;

	For ESE students, this conference must be held in conjunction with an IEP review.

b.	inform the student and his/her parent or guardian at the conference whether or not circumstances would allow the student to continue in the regular school program;

c.	the referring school completes the Notice of Enrollment Form if the student will attend the AASP:

	1)	The words, community control, should be written at the top of the enrollment form to indicate the student’s status in the program.

	2)	List the courses for the student.

	3)	Forward to the Area Superintendent for approval.

	4)	The Off-Site Stipulation/Conduct Agreement is not required for ESE or 504 students.

d.	The principal or designee should notify the site coordinator for AASP by telephone, to expect the student to enroll at the site (giving the student’s name, parent’s name, address, and telephone number).

e.	The principal or designee must inform the student and his/her parent or guardian to contact the site coordinator for AASP or the coordinator of the adult education program and arrange a time to come to the site for an Intake appointment.

C.	GENERAL OFFENSES

	Violation of any other law by students while on the school campus or at a school function will result in corrective action. The student may be suspended or recommended for expulsion and referral to proper law enforcement agencies.

D.	NOTICE TO LAW ENFORCEMENT

	School administrators shall ensure that the appropriate law enforcement agency is notified as soon as possible when an adult or a student commits any of the following offenses on school property, on school-sponsored transportation, or during a school-sponsored activity: homicide (murder, manslaughter); sexual battery; armed robbery; aggravated battery; battery or aggravated battery on a teacher or other school personnel; kidnapping or abduction; arson; possession, use, or sale of any firearm; possession, use, or sale of any explosive device; or any other offense, though not listed above, the nature of which is such that it impacts the safety of the school or the community.

E.	ZERO TOLERANCE FOR SCHOOL RELATED CRIME

	1.	This policy shall provide notice that violence and violent behavior will not be permitted at school, on Board property, on school-sponsored transportation, or during school-sponsored activities. Further, this policy shall incorporate the State Board of Education's Zero Tolerance Rule for School Related Violent Crime as part of a comprehensive approach to reducing school violence and crime.

	2.	A student or an adult student who commits any of the following offenses as described in the student/parent handbook on school property, on school-sponsored transportation, or during school-sponsored activities shall be subject to the most severe consequences which shall include expulsion and referral to the appropriate law enforcement agency.

		a.	homicide (murder, manslaughter)

		b.	sexual battery

		c.	armed robbery

	d.	aggravated battery

	e.	battery or aggravated battery on a teacher or other school personnel

	f.	kidnapping or abduction

	g.	arson

	h.	possession, use, or sale of any firearm, knife, or weapon

	i.	possession, use, or sale of any explosive device

	Additionally, if an offense involves a victim, school administrators shall notify the victim and the victim's parents or legal guardian of such offense and the victim's right to press charges against the offender. School personnel shall cooperate in any investigation or other proceedings leading to the victim's exercise of rights as provided by law.

3.	The Board has an interagency agreement with the Department of Juvenile Justice, Brevard County Circuit and County Courts, Sheriff of Brevard County, and the Chiefs of Police of the municipalities in Brevard County for the purpose of sharing information about juvenile offenders among all parties. Student record information will be made available to appropriate agencies as provided in the agreement and as provided by law. Each principal must use a standardized referral form to report data concerning school safety and discipline. Following the adoption of standardized referral form by the State Board of Education, the principal must use the State-approved form for that purpose. The principal must develop a plan to verify the accuracy of reported incidents.

4.	Upon receipt of notification from law enforcement, the Department of Juvenile Justice, the Office of the State Attorney, or the court system that a public school student has had certain types of contact with the juvenile justice system, the Superintendent or designee, within twenty-four (24) hours of such notice, shall provide such information to student services personnel, school resource officers, the school student assistance coordinator (if applicable), and the student's immediate teachers. Immediate teachers are those in whose courses or classrooms the student in question is currently enrolled. The above notification is required if the public school student has:

	a.	been taken into custody for a delinquent act, a violation of law which would be a felony if committed by an adult or a crime of violence;

	b.	been charged with a felony or a delinquent act that would be a felony if committed by an adult;

	c.	been adjudicated delinquent for an offense that would be a felony if committed by an adult;

	d.	had adjudication withheld for a delinquent act that would be a felony if committed by an adult; or

	e.	been found guilty of a felony by the court.

5.	All information and notifications from law enforcement, the Department of Juvenile Justice, Office of the State Attorney and the court system shall be confidential. The school principal or director of an off-site program in which the student may be assigned shall assure that the information on a student does not become a part of the student's permanent record and is not shared with school personnel who do not have a need to know. In sharing the information, all school personnel shall adhere to confidentiality provisions contained in applicable State and Federal laws and regulations.

	6.	Upon notification by the Department of Juvenile Justice, pursuant to a written agreement, to the Office of District and School Security, the Office of District and School Security will notify principals that students who have 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 of: F.S. Chapter 782, relating to homicide; F.S. Chapter 784, relating to assault, battery, and culpable negligence; F.S. Chapter 787, relating to kidnapping, false imprisonment, luring or enticing a child, and custody offenses; F.S. Chapter 794, relating to sexual battery; F.S. Chapter 800, relating to lewdness and indecent exposure; F.S. Chapter 827(f), relating to abuse of children; F.S. Section 812.13(g), relating to robbery; F.S. 812.131, relating to robbery by sudden snatching, F.S. 812.133, relating to carjacking; or F.S. 812.135, relating to home-invasion robbery, and, before or at the time of such adjudication, withholding of adjudication, or plea, the offender was attending a school attended by the victim or a sibling of the victim of the offense, that the offender is prohibited from attending that school or riding on a school bus whenever the victim or a sibling of the victim is attending the same school or riding on the same school bus, unless the parents of the victim agree to allow the offender to attend the same school and/or ride on the same school bus as the victim or sibling of the victim.

F.	ALTERNATIVE EDUCATION

	1.	The Board may require students identified with chronic behavior problems to participate in alternative education programs as may be developed and operated by the District.

	2.	Students identified for these programs shall be assigned based upon a recommendation from their current school of attendance after exhaustion of available remedies within the constraints of that school's resources. Such identifications shall be made in writing and documentation of remedies employed shall become part to the student's record consistent with Board policy.

	3.	Parents/Guardians of students identified for assignment to alternative education shall be notified of such placement no less than ten (10) school days prior to the enrollment of the student. Parents/Guardians may appeal such placement to the school's referral committee within three (3) days of notification of assignment. The decisions of the school referral committee shall be final.

	4.	The purpose and intent of the District's alternative education program for students with chronic behavior problems is to modify those students' behavior such that they can return to their school of residence and be successful to include conformity with the behavior expectations established for that school.

	5.	The Board's alternative education program for students with chronic behavior problems is not an eligible placement for students who have committed expulsion offenses. These students shall be afforded the opportunity to participate in the District's expulsion abeyance program consistent with its rules and regulations.

	6.	Students who are placed in the alternative education program and refuse to participate shall be referred to the proper authorities as truants and shall be subject to those process and procedures as may be necessary to address their truancy.

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 4/15/03
Revised 7/15/03
Revised 1/18/05
Revised 5/31/06
Technical 1/17/08