Section II
Section II: Procedures for Disciplinary Action
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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:
- Dispute the facts presented at the DTM and present additional evidence or information to support this claim;
- The criteria for the Level 4 offense have not been met;
- The parent/guardian has new evidence to present that was not available at the DTM;
- 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.
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Suspension/Removal of Students Eligible under the Individuals with Disabilities Education Act (IDEA)
The following information only applies to students with disabilities eligible for services under the Individuals with Disabilities Education Act (IDEA), and to students where OCPS had knowledge that the student may be a student with a disability under the IDEA before the violation of the Code occurred. The disciplinary procedures for Levels 1-4 provided in this Code apply to all students, including students with disabilities; however, the following additional information also apply to students with disabilities under the IDEA, but does not apply to students who have an Educational Plan (EP) for gifted services only. Students with an EP are disciplined in the same manner as a non-disabled student. In addition, this section does not apply to students with disabilities that are eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504) that currently have a Section 504 Plan. For students with a Section 504 Plan, please see the following section in this Code, titled, “Suspension/Removal of Students Eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Americans with Disabilities Act (ADA).”
It is important to note that students with disabilities will receive disciplinary referrals for violations of the Code; however, the student’s disability is taken into consideration when determining the consequence the student will receive. A student with disabilities may receive out of school suspension for up to ten (10) school days without consideration as to whether the student’s behavior is directly and substantially related to the student’s disability, however, after these ten (10) school days, the school is required to hold a meeting to look at the correlation between the student’s disability and the behavior in question. More information on this process can be found in 20 U.S.C. § 1415(k), IDEA, 34 C.F.R. § 300.530, IDEA Regulations, Rule 6A-1.0017(3)(b)(6), Florida Administrative Code, and the “Suspension” and “Manifestation Determination” sections below.
Please note, these procedures should be used in conjunction with the “Level 1-3 Procedures” and “Level 4 Procedures,” set forth herein, as well as the procedures in Title IX of the Education Amendments Act of 1972 and the Board Policy JB, Equal Educational Opportunities.
Section Description Suspension If a student with a disability under the IDEA violates the Code, the student may be removed from the student’s current placement to an appropriate interim alternative educational setting, another setting, or suspended without continuing educational services for up to ten (10) school days in a school year. The ten (10) school days can be consecutive (meaning ten (10) school days in a row), or cumulative (meaning the student receives a total of ten (10) out of school suspension days throughout the school year for the same or similar behavior). According to the IDEA, a removal from a student’s current placement is permitted for these ten (10) school days and the school district does not need to provide continuing educational services or determine whether the behavior causing the offense is related to the student’s disability. However, if the Individual Educational Plan (IEP) team notices a pattern of behavior, the IEP team may review the student’s misconduct before the ten (10) school days to determine if there is a need for additional behavior supports and/or services.
After a student with a disability under the IDEA has been removed from the student’s placement for ten (10) school days, consecutive or cumulative, as detailed herein, OCPS must provide continuing educational services to the student; however, it is important to note, that the manner in which the services are provided to the student may vary depending on the severity of the student’s behavior.Manifestation Determination Review Once a student has been removed for ten (10) school days, consecutive or cumulative as detailed in the “Suspension” section above, the IEP Team must convene a manifestation determination review meeting. A manifestation determination review is a process by which the relationship between the student’s disability and the specific behavior is examined. In majority of cases, the manifestation determination review occurs in conjunction with the Discipline Team Meeting for Level 4 offenses.
The manifestation determination review meeting must include relevant members from the student’s Individual Educational Plan (IEP) team (as determined by OCPS and the parent(s)/guardian(s)), which may include, but is not limited to: (1) the parent(s)/guardian(s) (as defined by IDEA); (2) student (if appropriate); (3) not less than one regular education teacher (if the student is, or may be, participating in the regular education environment); (4) not less than one special education teacher, or where appropriate, not less than one special education provider of the student; (5) a representative of OCPS qualified to provide, or supervise the provision of, specially designed instruction, is knowledgeable about the general education curriculum, and is knowledgeable about the availability of OCPS resources; (6) an individual who can interpret the instructional implications of evaluation results, if needed (this may be a person already listed in the section); and (7) at the discretion of the parent/guardian or OCPS, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The parent(s)/guardian(s) may also be accompanied by another adult of their choice.
During the manifestation determination review meeting, the IEP team will determine whether the student’s behavior was caused by, or had a direct and substantial relationship to, the student’s disability; whether the student’s behavior was the direct result of the school’s failure to implement the IEP; and whether the student’s current placement is appropriate. The following applies to the manifestation determination review outcome:- If the IEP team determines the student’s behavior is a manifestation of the student’s disability, the student may return to the student’s current placement, unless: (1) the IEP team determines the student’s current placement is not appropriate to address the student’s current needs; (2) the parent(s)/guardian(s) agree to a change in placement as part of a modification of the student’s Behavior Intervention Plan (BIP); and/or (3) the student’s behavior involves a weapon, drugs, or the student has inflicted serious bodily harm on another person.
- If the IEP team determines the student’s behavior is a manifestation of the student’s disability, but the student’s behavior involves a weapon, drugs, or serious bodily harm, then the student may be removed to an interim alternative educational setting for up to forty-five (45) school days.
- If the behavior is determined to be a manifestation of the student’s disability, the team must consider whether a Functional Behavioral Assessment (FBA) and/or BIP need to be developed, or if a BIP has already been developed, whether the BIP needs to be modified to address the student’s current behavior.
- If the IEP team determines the student’s behavior is not a manifestation of the student’s disability the student may be disciplined in the same manner and for the same duration as students without disabilities. However, continuing educational services must be provided.
Appeal If the parent(s)/guardian(s) disagrees with the manifestation determination made by the IEP team, as detailed herein, the parent(s)/guardian(s) may appeal the decision by requesting the District review the manifestation determination or by requesting a due process hearing before an Administrative Law Judge with the Florida Division of Administrative Hearings. In addition, if OCPS believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, OCPS may also appeal the manifestation determination and request the student be removed from the student’s current placement. More information on this process can be found in the Florida Procedural Safeguards, the IDEA, Florida Statutes, and the Florida Administrative Code.
It is important to note that pursuant to the IDEA, if the student is placed in an interim alternative education setting due to a violation of the Code, and the parent(s)/guardian(s) appeal the decision, the student will remain in the interim alternative education setting pending the outcome of the appeal.
If the parent(s)/guardian(s) disagrees with the discipline investigation or whether disciplinary due process was afforded to the student, the parent(s)/guardian(s) may request an appeal for disciplinary purposes as detailed in the disciplinary procedures for Levels 1?4 of this Code. -
Suspension/Removal of Students Eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Americans with Disabilities Act (ADA)
The following information only applies to students eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Americans with Disabilities Act (ADA), and to students where OCPS had knowledge that the student may be a student with a disability under Section 504 or the ADA before the violation of the Code occurred. The disciplinary procedures for Levels I-IV provided on pages 62-64 of this Code apply to all students, including students with disabilities; however, the following additional procedural safeguards also apply to students with disabilities under Section 504 and the ADA. If a student is also a student with disabilities under the IDEA, the procedures under the preceding section titled, “Suspension/Removal of Students Eligible under the Individuals with Disabilities in Education Act (IDEA),” will apply.???????
It is important to note that students with disabilities will receive disciplinary referrals for violations of the Code; however, the student’s disability is taken into consideration when determining the consequence the student will receive. A student with disabilities may receive out of school suspension for up to ten (10) school days without consideration as to whether the student’s behavior is directly and substantially related to the student’s disability, however, after these ten (10) school days, the school is required to hold a meeting to look at the correlation between the student’s disability and the behavior in question. More information on this process can be found in 34 C.F.R. § 104.35, Section 504 Regulations, Rule 6A-1.0017(3)(b)(6), Florida Administrative Code, and the “Suspension” and “Manifestation Determination” sections below.
Please note, these procedures should be used in conjunction with the “Level 1-3 Procedures” and “Level 4 Procedures,” set forth herein, as well as the procedures in Title IX of the Education Amendments Act of 1972 and the Board Policy JB, Equal Educational Opportunities.
Section Description Suspension If a student with a disability under Section 504 violates the Code, the student may be removed from the student’s current placement to an appropriate interim alternative educational setting, another setting, or suspended without continuing educational services for up to ten (10) school days in a school year. The ten (10) school days can be consecutive (meaning ten (10) school days in a row), or cumulative (meaning the student receives a total of ten (10) out of school suspension days throughout the school year for the same or similar behavior). A removal from a student’s current placement is permitted for these ten (10) school days and the school district does not need to provide continuing educational services or determine whether the behavior causing the offense is related to the student’s disability. However, if the Section 504 team notices a pattern of behavior, the Section 504 team may review the student’s misconduct before the ten (10) school days to determine if there is a need for additional behavior supports and/or or services.
After a student with a disability under Section 504 has been removed from the student’s placement for ten (10) school days, consecutive or cumulative, as detailed herein, OCPS may be required to provide continuing educational services to the student; however, it is important to note, that the manner in which the services are provided to the student may vary depending on the severity of the student’s behavior.Manifestation Determination Review Once a student has been removed for ten (10) school days, consecutive or cumulative as detailed in the “Suspension” section above, the Section 504 Team must convene a meeting (Note: Section 504 regulations do not use the term “manifestation determination review” but do require an “evaluation” prior to a significant change in placement; OCPS has termed this meeting a “Section 504 manifestation determination review” to differentiate between an evaluation meeting for eligibility under Section 504 and a disciplinary change in placement. This meeting is not governed by the IDEA, rather, it is governed by 34 C.F.R. § 104.35, Section 504 Regulations).
A Section 504 manifestation determination review is a process by which the Section 504 team determines whether the behavior for which discipline is proposed is based on the student’s disability, and if so, whether changes in the student’s placement are required to ensure the student receives a free and appropriate public education. In majority of cases, the Section 504 manifestation determination review occurs in conjunction with the Discipline Team Meeting for Level 4 offenses.
The Section 504 manifestation determination review meeting must include persons that are knowledgeable about the student. The parent(s)/guardian(s) may also be accompanied by another adult of their choice.
During the Section 504 manifestation determination review meeting, the Section 504 team will determine whether the student’s behavior was caused by, or had a direct and substantial relationship to, the student’s disability; whether the student’s behavior was the direct result of the school’s failure to implement the Section 504 Plan; and whether the student’s current placement is appropriate.- If the Section 504 team determines the student’s behavior is a manifestation of the student’s disability, the school cannot carry out discipline that would exclude the student on the basis of the disability, and may return the student to the student’s current placement, unless: (1) the Section 504 team determines the student’s current placement is not appropriate to address the student’s current needs; (2) the parent(s)/guardian(s) agree to a change in placement; and/or (3) the student’s behavior involves a weapon, drugs, or the student has inflicted serious bodily harm on another person.
- If the Section 504 team determines the student’s behavior is a manifestation of the student’s disability, but the student’s behavior involves a weapon, possession of drugs, or serious bodily harm, then the student may be removed to an interim alternative educational setting for up to 45 school days.
- If the Section 504 team determines the student’s behavior is not a manifestation of the student’s disability the student may be disciplined in the same manner and for the same duration as students without disabilities.
- A student with a Section 504 Plan may be recommended for expulsion as defined for all students when the behavior, as determined by the Section 504 team, is not a manifestation of the student’s disability.
- OCPS is not required to hold a Section 504 manifestation determination review meeting for use of illegal drugs or alcohol committed by a student eligible under Section 504. The student may be disciplined in the same manner as non-disabled students for use of illegal drugs or alcohol and may be disciplined in the same manner and for the same duration as students without disabilities.
Appeal If the parent(s)/guardian(s) disagrees with the Section 504 manifestation determination made by the Section 504 team, the parent(s)/guardian(s) may appeal the decision by requesting the District review the manifestation determination or by requesting a hearing before an Administrative Hearing Officer with the School Board of Orange County, Florida. In addition, if OCPS believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, OCPS may also appeal the Section 504 manifestation determination and request the student be removed from the student’s current placement. More information on this process can be found in the Section 504 Procedural Safeguards and Section 504 Regulations.
It is important to note that if the student is placed in an interim alternative education setting due to a violation of the Code, and the parent(s)/guardian(s) appeal the decision, the student will remain in the interim alternative education setting pending the outcome of the appeal.
If the parent(s)/guardian(s) disagrees with the discipline investigation or whether disciplinary due process was afforded to the student, the parent(s)/guardian(s) may request an appeal for disciplinary purposes as detailed in the disciplinary procedures for Levels 1-4 of this Code.
