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Section II

Section II: Procedures for Disciplinary Action

  • Procedures for Level 1-3 Offenses

    In order to protect student rights, certain procedures are followed with regard to disciplinary actions. These procedures are developed as suggested or required by law or regulation. School/classroom management strategies not covered by these specific procedures are encouraged.  A student accused of misconduct for a Level 1-3 offense, shall be afforded the following procedures.

    Any offense that is “overturned” for a due process violation will remain on the student’s record for reporting purposes only.  The information in the student’s file will state the discipline was overturned for a due process violation, but a disciplinary consequence was not imposed.

    Please note, these procedures should be used in conjunction with the procedures set forth in Title IX of the Education Amendments Act of 1972 and the Board Policy JB, Equal Educational Opportunities.

     

    Step Description
    Step 1 The student must be told by the principal/designee of the reason(s) for the referral.
    Step 2 The student must be given the opportunity to present his or her side of the matter either verbally or in writing and must have the opportunity to present witnesses to the incident.
    Step 3 The principal/designee shall determine whether the evidence supports the offense. If so, the principal/designee determines the appropriate discipline offense according to Section I of this Code. The student shall be informed of the disciplinary offense assigned.
    Step 4 Reasonable efforts shall be made to contact the parent/guardian prior to the start of the suspension. If the parent/guardian cannot be reached prior to the start of the suspension, the principal/designee may determine that the suspension will start without prior contact with the parent/guardian, but continued reasonable efforts to contact the parent/guardian shall be made. The principal/designee shall give notice in writing of each suspension and the reasons for the suspension within twenty-four (24) hours to the student’s parent by email and/or ParentSquare unless the parent elects to receive notification via United States mail. Notification shall also be made to the district superintendent.
    Step 5 After the discipline investigation is complete, the parent/guardian of the student being disciplined may request a copy of all documentary evidence upon which the proposed disciplinary consequence is based. However, if available and used as evidence for disciplinary purposes, video evidence may only be reviewed by the parent/guardian of the student being disciplined. A copy will not be provided.
    Step 6 The student and parent/guardian have a right to request a conference with the principal to appeal the discipline imposed. All such requests must be made to the principal in writing within fourteen (14) calendar days of the first notification of a discipline referral. The principal shall have the discretion to adjust the discipline offense. Failure of the parent/guardian to appeal to the principal within fourteen (14) calendar days shall be deemed a waiver of any appeal.
    Step 7 A meeting shall be held each time any student with disabilities has been suspended from the classroom or transportation for ten (10) consecutive school days or ten (10) cumulative school days for similar behavior during a school year. The purpose is to determine if the behavior is a manifestation of the student’s disability and review placement and supports.
    Step 8 At the discretion of the principal/designee, a written behavior contract or supervision plan may be required upon the return of the student.
    Step 9 If the parent/guardian feels that the facts do not meet the criteria of the offense and/or disciplinary due process was not provided, they may appeal the principal’s/designee’s decision by contacting an area administrator in writing within three (3) school days after meeting with the principal.
    Step 10 The area administrator will make a recommendation to the Director of Discipline to either uphold or modify the decision based on whether the facts meet the criteria and whether appropriate disciplinary due process was provided. The Director of Discipline has the final decision-making authority.

  • Procedures for Level 4 Offenses

    In order to protect student rights, certain procedures are followed with regard to disciplinary actions. These procedures are developed as suggested or required by law or regulation. School/classroom management strategies not covered by these specific procedures are encouraged.  A student accused of a violation of the Code, which, in the opinion of the principal/designee, meets the criteria of a Level 4 offense and may require expulsion from school or transportation, shall be afforded the procedural safeguards described below.

    Any offense that is “overturned” for a due process violation will remain on the student’s record for reporting purposes only.  The information in the student’s file will state the discipline was overturned for a due process violation, but a disciplinary consequence was not imposed.

    Please note, these procedures should be used in conjunction with the procedures set forth in  Title IX of the Education Amendments Act of 1972 and the Board Policy JB, Equal Educational Opportunities.

    Step Description
    Step 1 The principal/designee must inform the student of the reason(s) for the Level 4 referral and consideration of expulsion.
    Step 2 The student shall be given the opportunity to present his or her side of the matter either verbally or in writing and must have the opportunity to offer witnesses to the incident.
    Step 3 The principal/designee shall make a determination in writing as to whether the facts support the Level 4 offense. If so, the principal/designee will determine the appropriate discipline offense according to the Code. The student shall be informed of the Level 4 offense. The student shall also be informed that the student is being suspended from school for up to ten (10) school days and a recommendation for a full exclusion is being considered.
    Step 4 Reasonable efforts shall be made to contact the parent/guardian prior to the start of the suspension. If the parent/guardian cannot be reached prior to the start of the suspension, the principal/designee may determine that the suspension will start without prior contact with the parent/guardian, but continued reasonable efforts to contact the parent/guardian shall be made. The principal/designee shall give notice in writing of each suspension and the reasons for the suspension within twenty-four (24) hours to the student’s parent by email and ParentSquare unless the student’s parent elects to receive notification via United States mail. Notification shall also be made to the district superintendent. A meeting shall be held each time any student with disabilities has been suspended from the classroom or transportation for ten (10) consecutive school days or ten (10) cumulative school days for similar behavior during a school year. The purpose of this meeting is to determine if the behavior is a manifestation of the student’s disability, whether OCPS implemented the student’s Section 504 Plan or IEP appropriately, whether the student’s current placement is appropriate and if any changes need to be made in order to more effectively address the student’s behavior. More information on this step can be found within this Section of the Code under “Suspension/Removal of Students Eligible under the Individuals with Disabilities in Education Act (IDEA)” and “Suspension/Removal of Students Eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA).”
    Step 5 After the discipline investigation is complete, the parent/guardian of the student being disciplined may request a copy of all documentary evidence upon which the proposed expulsion is based. However, if available and used as evidence for disciplinary purposes, video evidence may only be reviewed by the parent/guardian of the student being disciplined. A copy will not be provided.
    Step 6 The student and parent/guardian have a right to request a conference with the principal to review the Level 4 offense. All such requests must be made in writing within three (3) school days of the first notification of suspension that the parent/guardian receives.
    Step 7 An area administrator from the District shall convene a Discipline Team Meeting (DTM) as soon as possible. The school will request that the parent/guardian and student attend the DTM. The OCPS employees present at the DTM shall include the area administrator, principal/designee and other appropriate personnel, which may include, but is not limited to, a counselor, school psychologist, administrative dean, staffing specialist, 504 Coordinator, Positive Pathways Transition Center staff, etc. The purpose of the DTM is to:

    1) Review all documentary evidence upon which the Level 4 and proposed expulsion is based;
    2) Ensure the student received disciplinary due process during the investigation;
    3) Provide the student and parent/guardian the opportunity to present new evidence and/or explain the student’s involvement; and
    4) If upheld, determine whether a referral will be made to an alternative program/school or expulsion.

    Students are not permitted to enroll in any OCPS school including Orange County Virtual School, or charter school within Orange County, until the discipline process is complete.
    Step 8 The parent/guardian may elect to bring another adult of their choice to the DTM. No later than one (1) school day prior to the DTM, the parent/guardian must notify the school principal/designee of all parties that will attend the DTM on behalf of the student. However, if the parent/guardian retains legal counsel, the Office of Legal Services must be notified at (407) 317-3411.
    Step 9 If the area administrator verifies the Level 4 and the consequence is a full exclusion, with or without continuing educational services, the Superintendent may invoke Section 1006.08, Florida Statutes, and either extend the student’s suspension or temporarily administratively place a student in an alternative setting pending the final decision of expulsion from the Board. If the area administrator verifies the Level 4 and the consequence is an alternative placement, Section 1006.08, Florida Statutes, will be invoked and the student will be administratively placed at an alternative school within Orange County. Parents may elect for the student to receive alternative education through Orange County Virtual School (“OCVS”). If a parent elects OCVS, the student will not have the same privileges as a traditional OCVS student and will not be able to participate in extracurricular/co?curricular activities and will be prohibited from entering any OCPS property including school?sponsored activities.
    Step 10

    If the area administrator verifies the Level 4 and the parent/guardian would like to appeal the decision, the parent/guardian may request an administrative hearing by providing written notice of the request to the applicable area administrator or designee within fourteen (14) calendar days of the DTM date. Failure of the parent/guardian to request an administrative hearing from the applicable area administrator or designee within fourteen (14) calendar days after the DTM shall be deemed a waiver of any appeal to the discipline offense and consequence assigned. Administrative hearings shall be granted or denied within fifteen (15) calendar days from the date they are requested unless an extension is agreed upon in writing. An administrative hearing can be requested for one (1) or more of the following reasons and must include an explanation of the reasons selected:

    1. Dispute the facts presented at the DTM and present additional evidence or information to support this claim;
    2. The criteria for the Level 4 offense have not been met;
    3. The parent/guardian has new evidence to present that was not available at the DTM;
    4. The parent/guardian believes the school did not provide the student with disciplinary due process as detailed within this Code.

    If the student is recommended for a full exclusion with or without educational services, the administrative hearing will be governed by the provisions in Sections 120.569 and 120.57(2), Florida Statutes.
    Step 11

    The area administrator and the principal/designee, as well as other appropriate school personnel may attend the administrative hearing. The parent/guardian may elect to bring another adult of their choice to the administrative hearing. However, if the parent/guardian retains legal counsel, the Office of Legal Services must be notified prior to the administrative hearing at (407) 317-3411.

    The parent/guardian shall notify the applicable area administrator of all parties attending the administrative hearing on behalf of the student no later than three (3) school days prior to the administrative hearing.
    Step 12 The Administrative Hearing Officer can recommend the DTM decision be upheld, overturned, or changed to another offense. However, the Hearing Officer cannot change the consequence nor modify the recommended placement by the area administrator.  The Administrative Hearing Officer will make this determination based on the facts presented and whether the student was afforded disciplinary due process. Both the principal/designee and the parent/guardian shall have the right, but not obligation, to submit a recommended order to the Administrative Hearing Officer containing proposed findings of facts and conclusions of law. The Administrative Hearing Officer may, in his/her discretion, use a proposed order submitted by either the principal/designee or the parent/guardian, however, the Administrative Hearing Officer may reject both proposed orders and issue his/her own order.
    Step 13

    For Level 4 consequences of alternative placement or disciplinary program:

    The Superintendent shall then review the Hearing Officer’s recommendation and shall have the authority to take whatever action he/she deems appropriate.    The Superintendent’s decision shall be final and binding.

    For Level 4 consequences that result in an expulsion as defined in Section 1003.01(6), Florida Statutes, with or without continuing educational services:

    If the recommendation of the Administrative Hearing Officer is to uphold the Level 4, the parent/guardian may request a meeting with the Chief of Schools or designee to discuss the recommendation of the area administrator and Administrative Hearing Officer.  The Chief of Schools or designee will review the facts presented at the DTM and administrative hearing, whether disciplinary due process was provided, and provide a recommendation to the Superintendent for review.

    The Superintendent shall then review the  Chief of Schools or designee recommendation and shall have the authority to recommend to the Board that the student be expelled or take whatever action he/she deems appropriate. The Superintendent shall notify the parent/guardian and the principal/designee prior to the Board meeting at which the Board will consider his/her recommendation.
    Step 14

    The parent/guardian/student shall have the right to appear before the Board. Factual evidence, which was not properly presented either at the DTM or the Administrative Hearing may not be presented to the Board. The parent/guardian/student is limited to challenging whether the facts found at the DTM appropriately led to the consequence under the Code.

    The School Board may reject the hearing officer’s findings of fact only if it determines that there is no competent substantial evidence to support the findings of fact. The School Board may reject the conclusions of law only if it determines that Board Policy JIC, Code of Student Conduct, was misinterpreted or applied incorrectly.  The School Board may reduce or increase the penalty only upon a review of the complete record and must state with particularity its reasons by citing to the record to justify the action. 
    Step 15 For full exclusions brought before the School Board, the School Board will execute a Final Order memorializing the discipline consequence.


    ????Steps 14 and 15 only apply for Level 4 consequences that result in an expulsion as defined in Section 1003.01(6), Florida Statutes.