| The School Board of Polk County |
| Bylaws & Policies |
| Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the bylaws and policies of The School Board of Polk County were adopted on November 12, 2013 and were in effect beginning November 12, 2013. |
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 threat to school safety. Zero tolerance policies must apply equally to all students, and are not intended to be rigorously applied to minor acts of misconduct and misdemeanors. This zero tolerance policy does not require the reporting of petty acts of misconduct to a law enforcement agency.
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 shall be referred to mental health services identified by the District, and 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 an alternative education disciplinary program. The Superintendent's request for modification must be in writing and may only be presented to the Board for consideration if the student and/or the student's parent(s) agree in writing to accept the Superintendent's recommendation. 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 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.
Those acts that pose a 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 | |
| C. | arson | |
| D. | felony assault | |
| E. | threats of unsafe and potentially harmful, dangerous, violent, or criminal activities | |
| F. | violations of serious breaches of conduct in the Board-adopted Student Code of Conduct |
Petty acts of misconduct that are not a threat to school safety do not require consultation with law enforcement.
The following are typically considered petty acts of misconduct, although each act must be examined on a case-by-case basis to determine whether or not the act constitutes a threat to school safety requiring consultation with law enforcement:
| A. | disorderly conduct | |
| B. | simple assault or battery | |
| C. | verbal abuse or use of profanity | |
| D. | cheating | |
| E. | theft of less than $300, trespassing, and vandalism of less than $1,000 | |
| F. | possession or use of tobacco |
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 Code of Student 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 or
nolo 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 Code of Student Conduct 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 notify all school personnel as to their responsibilities regarding incident reporting, that acts which pose a threat to school safety and crimes are properly reported to the principal, and that the disposition of the incident is properly documented.
Student conduct shall be governed by the rules and provisions set forth in the Code of Student Conduct which is reviewed and adopted annually in accordance with F.S. Chapter 120 and is incorporated in the policy by reference.
The Code of Student Conduct shall contain provisions for the assignment of violent or disruptive students to an alternative educational program and/or referral of such students to mental health services identified by the District.
F.S. 1006.07
F.S. 1006.13
F.S. 1012.584
Revised 9/4/18
Revised 7/30/19
© Neola 2018