|The School Board of Monroe County|
|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 School Board has zero tolerance for conduct that poses a serious threat to school safety and zero tolerance policies must apply equally to all students. However, they are not intended to be rigorously applied to petty acts of misconduct and misdemeanors which are dealt with through the District Wide Behavior Expectations and Definitions. Petty acts of misconduct as set forth in the District Wide Behavior Expectations include, but are not limited to, physical contact/physical aggression, disruption, defiance, disrespect, abusive language/profanity, property destruction, technology violation, excessive absence/truancy, cheating, forgery, plagiarism, harassment/bullying, other school-based offenses delineated in the Student Code of Conduct.
The District will seek to use alternatives to expulsion or referral to law enforcement agencies unless behaviors are reportable under the School Environmental Safety Incident Reporting (SESIR). Those behaviors will result in consultation with law enforcement, disciplinary action in accordance with the adopted Student Code of Conduct, and may result in arrest.
Students committing petty acts of misconduct will be subject to discipline in accordance with the adopted Student Code of Conduct.
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.
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 having jurisdiction.
Those acts that pose a serious threat to school safety include, but are not limited to:
|A.||possession of firearms or other weapons|
|B.||placing, discharging, or throwing an explosive item or noxious substance or making threats to do so|
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 Student Code of Conduct that is adopted annually shall provide for review of a decision to suspend or expel a student pursuant to this policy and the code, consistent with F.S. 1006.07.
Furthermore, 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 ornolo contendere to a felony violation as set forth in F.S. 1006.13(6)(a), the Board shall, pursuant to State law and 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.
Students may be subject to discipline for violation of the Student Code of Conduct/Student Discipline Code even if that conduct occurs on property not owned or controlled by the Board but that is connected to activities or incidents that have occurred on property owned or controlled by the Board, or conduct that, regardless of where it occurs, is directed at a Board official or employee, or the property of such official or employee.
The principal shall inform all school personnel about their responsibilities to report delinquent acts and crimes and shall document the actions taken by school personnel in cases involving delinquent acts and crimes.
Student conduct shall be governed by the rules and provisions set forth in the Student Code of Conduct which shall be reviewed periodically and adopted annually in accordance with F.S. Chapter 120.
F.S. 1006.07, 1006.13
© Neola 2011