When a student's actions are so disruptive to himself/herself or to the school as to violate law, Board policies, or school rules, the student may be suspended by the Principal. A student who is suspended shall not be allowed to attend his/her regular classes or school-sponsored activities for a prescribed number of days not to exceed ten (10). The principal or designated representative may refer the student during the period of the suspension to in-school suspension, a center for special counseling or shall remand the student to the custody of his/her parent or guardian.

The Principal may suspend a student from school for a period not to exceed ten (10) school days. With advance approval from the Superintendent, the student may be suspended for more than three (3) days but not to exceed ten (10) days. Before suspending a student, except in emergencies or disruptive conditions that require immediate suspension or in the case of a serious breach of conduct, the principal or designee shall make a good faith effort to employ parental assistance or alternative methods of dealing with the student and shall document such efforts.

In no case shall a teacher suspend a student from school or class, nor shall a bus driver suspend a student from riding a school bus. A student may not be suspended for unexcused tardiness, lateness, absence, or truancy.

Prior to a suspension, the student will receive oral and written notice of the charges and an explanation of the evidence against him/her. The Principal will hold an informal hearing to give the student an opportunity to explain his/her side of the story. The hearing will be held on the day of the alleged infraction, unless it would be impossible or unreasonably difficult to do so.

The Principal will make a good faith effort to contact the student's parent or guardian by telephone immediately after making the decision to suspend. The Principal will send formal written notice to the student's parent or guardian by U.S. Mail, informing of the length of the suspension and the reasons for it. The Principal will also report each suspension to the Superintendent in writing within twenty-four (24) hours of the time the student is informed of the suspension.

Except in the event of emergencies, all out-of-school suspensions shall begin at the end of the school day of the infraction unless the parents or guardians have been notified and are able to pick up the student at school. The school will provide homework assignments for the student to complete.

In cases of extremely disruptive or dangerous behavior persons or groups involved may be immediately suspended and ejected from the school campus without the necessity of a prior hearing. In such instances, each student shall be afforded an informal hearing before the principal or designee prior to the expiration of the third day of suspension.

Work missed during the student's first three (3) days of suspension during a semester is expected to be made up. The student shall have a reasonable amount of time up to five (5) school days following the suspension to complete the school work missed and shall do so on his/her own initiative.

When Board action on a recommendation for the expulsion of a student is pending, the superintendent may extend the suspension assigned by the principal beyond ten (10) school days if such suspension expires before the next regular or special meeting of the Board.

In the case of students in exceptional education classes, please refer to the Special Programs and Procedures for Exceptional Student Education.

The Board designates the Superintendent as its representative at all hearings regarding the appeal of a suspension.

The Superintendent may grant to a principal the approval to waive mandatory suspension policies if the principal has submitted a request for the waiver and has an existing educational alternative program. Students at schools without alternative programs may attend alternative programs at another school with the approval of both principals and the regional assistant superintendent.

The Superintendent may grant to a principal the approval to recommend students to be assigned to an alternative education program. The Alternative Education Program is a form of discipline involving assignment and transfer to an alternative education program designed to meet the needs of students who violate the Code of Student Conduct. Students in grades K-5 may only be assigned to an alternative education program for an expellable offense as outlined in the Code of Student Conduct. Students assigned to alternative education programs will be denied participation in extra-curricular activities sponsored by any school or by the District (except extra-curricular activities at the assigned alternative education program).

The Board recognizes that expulsion from the educational program of the schools is the most severe sanction for a student in this District and one that cannot fairly be imposed without due process.

A principal may recommend to the Superintendent the expulsion of a student who has committed a serious breach of conduct. A recommendation of expulsion will include a detailed report on the student's actions and alternative measures taken before the recommendation.

When the Superintendent makes a recommendation for expulsion to the Board, written notice shall be given to the student and his/her parent or guardian of the recommendation setting forth the charges against the student, with a summary of the factual, legal, and policy grounds for the recommendation, and advising the student and his/her parent or guardian of their right of due process.

The student and parent or representative will have the opportunity to meet with the Superintendent or designee to challenge the proposed action or to otherwise explain the student's actions. The written notice will state the time and place to appear, which must not be earlier than three (3) school days nor later than five (5) school days after the notice is given, unless the Superintendent grants an extension upon request of the student or parent.

Within one (1) school day of the meeting, the Superintendent will notify the parents, guardians, or custodians of the student and Fiscal Officer of the Board whether s/he intends to recommend to the Board that the student be expelled. The notice will include the reasons for recommendation and the right of the student, parent, guardian, or custodian to appeal to the Board, the right to be represented at the appeal, and the right to request the hearing be held in a public meeting if before the Board.

For students in exceptional student education, please refer to the Special Programs and Procedures for Exceptional Student Education.

All students who are candidates for expulsion shall undergo screening to determine if they qualify for exceptional education programs.

A parent or adult student may make a written request for a hearing within ten (10) days from receipt of the Superintendent's notice.

The hearing may be conducted by the entire Board or by an individual appointed by the Board to serve as hearing officer, who may be a former school administrator or an attorney appointed by the Board who is a member in good standing of the Florida Bar.

All parties will be given reasonable notice of the hearing of not less than fourteen (14) days; however, the fourteen (14) day requirements may be waived by the hearing officer without the consent of the parties.

Failure to timely request a hearing or failure to appear at a hearing after notice of the date and time of the hearing shall be deemed to be a waiver of any hearing on the matter. However, upon presentation of good and sufficient reasons for non-appearance, the presiding officer may direct that the hearing be re-scheduled.

Hearings will be conducted in accordance with Florida statutes and the Uniform Rules of Procedure. Reasonable flexibility in method or order of presentation shall be permitted. No parent or adult student shall be prohibited from presenting reasonable matters because of insubstantial procedural irregularities. A parent or adult student may be represented at the hearing by an adult, whether as legal counsel or qualified representative. Expulsion hearings are exempt from the public meetings law; however, the parent may elect to have the hearing held as a public meeting.

If there is no disputed issue of material fact, the parent or adult student, or their counsel, will have the opportunity at the hearing to present written or oral evidence in opposition to the proposed action or a written statement challenging the propriety of the proposed action.

The presiding officer’s recommendation for Board action will be served upon the parent or adult student, the student's representative, if any, and the Superintendent.

If there is a disputed issue of material fact, all parties will have an opportunity at the hearing to respond, to present evidence, and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of fact and orders, and to file exceptions to the hearing officer's recommended order.

Findings of fact shall be based on a preponderance of the evidence and shall be based exclusively on the evidence of record and on matters officially recognized.

All parties may submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the hearing officer.

The hearing officer’s recommended order will be submitted to the Board for action. The parent, adult student, or representative may appear at the Board meeting and speak to the recommended action. The parent, adult student, or representative will be allowed five (5) minutes to address the Board. The Superintendent’s attorney will be allowed five (5) minutes to respond. No new evidence will be received at the Board meeting.

The Board will enter a written final order, including findings of fact, if any, and conclusions of law separately stated. The final order will include a ruling on each exception, if any, in accordance with Florida statutes.

The final order will be served on all parties.

A party may seek judicial review of the final order in accordance with F.S. 120.68.

Any student who has been expelled for violent behavior (acts of assault, violence, intimidation, or fighting), possession of weapons, or the sale or transfer of alcoholic beverages, narcotics, illegal drugs and/or prohibited substances as defined in Board Policy 5500 (B)(2) shall not be considered eligible for an earned return under this rule.

Students expelled from school and eligible for earned return may apply for re-admission in accordance with this rule. Applicants must provide documentation of the following:

The parent(s)/guardian of a student eligible for earned return may complete one or more parenting classes. The classes and the parent/guardian's involvement in the process are to be considered by the principal in making a recommendation.

A student and parent(s) or guardian may apply for return to the regular school program commencing the semester following completion of the requirements for earned return of expelled students. The student shall return to school at the beginning of the semester or summer session following final approval of the application. Application can be made in the same semester or term that the expulsion occurs. The application for earned return shall be submitted to the principal of the school where the student was last enrolled and expelled. It shall be accompanied by a written conduct agreement between the principal/designee, the student and the parent(s)/guardian delineating responsibilities if the student is re-admitted to the regular school program. Such agreement shall outline conditions of the earned return and may include provisions such as, use of periodic controlled urine screening, student responsibility for attendance, school performance, discipline procedures, special services, or other provisions. It shall include a provision stating that if a student does not meet the requirements of this contract, the original expulsion order remains effective. If a final order of expulsion has not been entered by the Board, the student will return to the off-site abeyance program.

The principal and superintendent shall review the application and approve or disapprove.

If a student is expelled for more than twenty (20) school days or for any period of time that extends into the next school year, the superintendent shall provide the student and his/her parents with the names, addresses, and telephone numbers of those public or private agencies in the community that offer programs or services that help to rectify the student's behaviors and attitudes that contributed to the incident(s) that caused the expulsion.

If the Superintendent determines that a student's behavior on a school vehicle violates school rules, s/he may suspend the student from school bus-riding privileges for the length of time deemed appropriate for the violation and remediation of the behavior. Any such suspension must comply with due process and the Superintendent's procedures for suspension and expulsion.

The Board authorizes the Superintendent to provide for options to suspension/expulsion of a student from school which may include alternative educational options and which shall include a program whereby a student performs community service either in lieu of or as part of a suspension or an expulsion. The Superintendent shall develop procedures that describe the conditions under which a student may participate in community service and define the types of services considered "service to the community".

A student who has been suspended or expelled by another district temporarily may be denied admission to the District's schools during the period of suspension or expulsion even if that student would otherwise be entitled to attend school with the District. Prior to denying admission, however, the Superintendent shall offer the student an opportunity for a hearing to review the circumstances of the suspension or expulsion and any other factors the Superintendent determines to be relevant.

The Superintendent shall develop administrative procedures to implement this policy and ensure compliance with applicable statutes.

A copy of this policy is to be posted in a central location in each school and made available to students and parents upon request. Key provisions of the policy should also be included in the Code of Student Conduct.

F.S. 120.569, 120.57, 1002.20, 1003.02, 1003.32, 1006.07, 1006.09
F.A.C. Chapter 28-106
18 U.S.C. Section 921