Section IV

Safe Harbor Provision

Safe Harbor allows a student who accidentally brings an object to school or finds an object, which is not allowed by the Code, to turn the object in to school staff before a discipline investigation or screening starts.  The student could still receive a discipline referral. The school will arrange with the student’s parent/guardian to pick up the object from the school, if allowable.

Please note, however, that zero-tolerance offenses (see Section 1006.13, Florida Statutes) include “firearms” and “weapons.” OCPS is required to report zero-tolerance offenses to the Florida Department of Education and is also required to recommend the student for expulsion, assign the student to a disciplinary program, or assign the student to an alternative “second chance” school.  Each incident involving a student turning in a “firearm” or “weapon” under Safe Harbor will be reviewed by District OCPS Personnel to determine whether the Safe Harbor provision applies. If the Safe Harbor provision applies, District OCPS Personnel may recommend a disciplinary program instead of expulsion to the Superintendent and Board. 

Law enforcement may also be contacted for specific offenses as required by Board Policy JIC, titled “Code of Student Conduct,” and Section 1006.13, Florida Statutes.  Safe Harbor does not impact whether law enforcement will pursue criminal charges.  These offenses may include, but are not limited to, firearms, drugs, and explosive devices. 

Objects not allowed by the Code that are discovered during a random search are not protected by the Safe Harbor provisions

Participation in Extracurricular/Co-curricular Activities

Participation in extracurricular/co-curricular activities is a privilege extended to OCPS students, but participation is not a student right.  In order to participate in extracurricular/co-curricular activities or athletic programs, students must adhere to Board policies, school and District participation criteria, and applicable law. A student may not be eligible to participate in extracurricular/co-curricular activities for disciplinary offenses and may have participation privileges revoked. It is important for students to understand that the behavioral expectations placed upon students by the school can extend beyond the classroom and school campus (e.g., social media); therefore, off-campus behavior may also impact a student’s participation in extracurricular/co-curricular activities.  If it is discovered that the student has exhibited behavior that violates Board policies, school and District participation criteria, and/or applicable laws, even while in the community, the student’s participation privileges shall be withheld for ten (10) school days to allow District staff to determine the student’s future eligibility to participate.   In addition, pursuant to Section 1006.15, Florida Statutes, any student who has been formally charged with a felony by a prosecuting attorney, the student shall be excluded from participation in extracurricular/co-curricular activities for a minimum of one (1) calendar year.  If the student is found not guilty or if the charges are dismissed, the student may return upon presenting documentation of the court’s decision. Additionally, a student is ineligible to participate in extracurricular/co-curricular activities if a court order prohibits the student’s enrollment in a traditional school setting. The final determination of eligibility rests with the district administrator responsible for extra-curricular/co-curricular activities.

A student may not participate in any extracurricular/co-curricular activity if the student participated in that same sport at another school during the same school year unless the student been impacted by military orders, has been relocated due to foster care placement, moved due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent, , or has been granted approval by the applicable governing organization’s executive director . A student’s eligibility to participate in extracurricular/co-curricular activities may not be affected by recruiting allegations until a final determination has been reached.

Any student who has committed a Level 4 hazing offense for the first time shall be excluded from participation in extracurricular/co-curricular activities for a minimum of one (1) calendar year. Any student who has committed a subsequent Level 4 hazing offense shall be excluded from participation in extracurricular/co-curricular activities for the remainder of their enrollment at OCPS. 

OCPS may require certain information and/or documentation be provided in order for a student to participate in extracurricular/co-curricular activities (e.g., home address, medical information, etc.).  If it is discovered that the information and/or documentation provided to OCPS by the parent/guardian/student is fraudulent, false, or erroneous, the student will be prohibited from participating in the extracurricular/co-curricular activity for a minimum of one (1) calendar year from the date which the information was discovered by OCPS to be fraudulent, false, or erroneous. 

Nothing in this section of the Code shall preclude the exercising of any existing authority of the Superintendent/designee or the Juvenile Justice System.

Additional information pertaining to extracurricular/co-curricular activities can be found in Board Policy JJ, “Extracurricular Activities.”

The dress and grooming of OCPS students shall contribute to the health and safety of the individual, promote a positive educational environment, and not disrupt the educational activities and processes of the school. These standards of dress and grooming apply to all students in the public schools of Orange County, during the regular school day, unless a specific exemption is granted by the principal. Any request for an exemption shall be made to the principal.

1. Clothes shall be worn as they are designed.  For example, suspenders should be over the shoulders, pants secured at the waist, belts buckled, no underwear as outerwear, and no underwear exposed.
   
2. Clothing must cover the body from one armpit across to the other armpit and down to approximately mid-thigh (see image to the right). Tops must have straps. Undergarments must not be viewable. Rips, holes, or tears in clothing must be below mid-thigh.
3. Shoes shall be worn at all times and should be safe for the school environment.  The following shoes are not acceptable for any OCPS student: cleated shoes or shoes with wheels. 
   
4. Headgear shall not be worn on campus during the school day, unless the headgear is approved by the principal. 
   
5. Specialized courses may require specialized attire, such as sports uniforms or safety gear, and must be approved by the principal before being worn during the school day.  
   
6. See-through, revealing, or mesh garments must not be worn without appropriate coverage underneath that meets the minimum requirements of this dress code.
   
7. Gang paraphernalia, garments and/or jewelry, tattoos, or other insignias that display or suggest sexual, vulgar, drug, alcohol, or tobacco-related wording/graphics or may tend to provoke violence or disruption in school shall not be worn. 
   
8. Clothing must not state, imply, or depict acts of hate or imagery targeting groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other protected class.*
   
9. Clothing and accessories that endanger students or staff shall not be worn. This includes clothing that obscures the visual identification of a person (unless approved by the principal).  The use of a medical mask worn for its intended purpose is permitted.
   
10. Individual schools may implement school uniforms with community input and the approval of the principal’s supervisor.
     

Any student who violates this dress policy will be subject to disciplinary action as outlined in Sections I of the Code, Section 1006.07(2)(d), Florida Statutes, and below:

1. For a first offense, a student shall be given a verbal warning and the school principal shall call the student’s parent/guardian.
2. For the second offense, a student is ineligible to participate in any extracurricular activity for a period of time not to exceed five (5) days and the school principal shall meet with the student’s parent/guardian.
3. For a third or subsequent offense, a student shall receive an in-school suspension pursuant to Section 1003.01(5), Florida Statutes, for a period not to exceed three (3) days, the student is ineligible to participate in any extracurricular activity for a period not to exceed thirty (30) days, and the school principal shall call the student’s parent/guardian and send the parent/guardian a written letter regarding the dress code violation.

* Clothing that states, implies, or depicts acts of hate or imagery targeting groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other protected class shall be coded as hate crime related.

Possession, Use, or Sale of Controlled Substances and/or Alcohol

According to state law and Board Policy JICH, Drug and Alcohol Use by Students, the unlawful use, possession, or sale of controlled substances, as defined in Chapter 893, Florida Statutes, and/or alcohol by any student while the student is on Board property, school transportation and/or at a school activity is grounds for disciplinary action by the school (such as suspension and/or expulsion) and may also result in criminal penalties being imposed.

Possession of Firearms, Weapons, and/or Destructive Devices on Board Property

Possession of a firearm, weapon, and/or destructive device (“weapons”) as defined in Chapter 790, Florida Statutes, by any student while the student is on Board property, school transportation, and/or at a school activity, is grounds for disciplinary action and may also result in criminal prosecution. This includes, but is not limited to, possessing or carrying a weapon on his/her person, in a vehicle, container, or other conveyance.

Any student who is determined to have brought or possessed a weapon on Board property, on school transportation, and/or to a school activity, will 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 referred to mental health services identified by OCPS pursuant to Section 1012.584(4), Florida Statutes, and also referred to the criminal justice or juvenile justice system.  Additional information regarding this section can be found in Board Policy JICI, Firearms, Weapons and Destructive Devices.

Simulated Weapons

A student may not receive disciplinary action for simulating a firearm or weapon while playing, or for wearing clothing or accessories that depict a firearm or weapon, or expressing an opinion regarding Second Amendment Rights, unless the simulation causes a substantial disruption to learning, causes bodily harm, or places another person in fear of harm as outlined below. Simulating a firearm or weapon while playing includes, but is not limited to:

• Brandishing a partially consumed pastry or other food item to simulate a firearm or weapon.
• Possessing a toy firearm or weapon that is two (2) inches or less in overall length.
• Possessing a toy firearm or weapon made of plastic snap-together building blocks.
• Using a finger or hand to simulate a firearm or weapon.
• Vocalizing an imaginary firearm or weapon.
• Drawing a picture, or possessing an image, of a firearm or weapon.
• Using a pencil, pen, or other writing or drawing utensil to simulate a firearm or weapon.

However, a student may receive disciplinary action if simulating a firearm or weapon while playing, if the playing substantially disrupts student learning, causes bodily harm to another person, or places another person in reasonable fear of bodily harm. The severity of consequences imposed upon a student, including referral to the criminal justice or juvenile justice system, must be proportionate to the severity of the offense and consistent with Board policies for similar offenses. If a student is disciplined for such conduct, the school principal or designee must call the student’s parent/guardian.  Disciplinary action resulting from a student’s clothing or accessories that depict firearms or weapons shall be determined pursuant to the OCPS Dress Code, unless the wearing of the clothing or accessories causes a substantial disruption to student learning, in which case the infraction may be addressed in a manner that is consistent with Board policies for similar offenses.  This paragraph does not prohibit schools from adopting a school uniform policy.

Violence Against School Employees

Aggression or physical violence against an employee is unacceptable and will not be tolerated.  Violence against any OCPS employee, contracted personnel, or volunteer by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or any other disciplinary action by the school and may also result in criminal penalties.

In addition, any student found to have committed any offense in Section 784.081, Florida Statutes, shall be expelled or placed in an alternative school setting or other program, as appropriate.  The offenses listed within Section 784.081, Florida Statutes, include, assault or aggravated assault, or a battery or aggravated battery, upon any school district employee when the person committing the offense knows or has reason to know the identity or position or employment of the victim.  Upon being charged with the offense, the student shall be removed from the classroom immediately and placed in an alternative school setting pending disposition.

Threats or False Reports

Any student who makes a threat or false report as defined by Sections 790.162, 790.163, and 836.10, Florida Statutes, involving school or school personnel’s property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, for a period of not less than one (1) full school year and referred to law enforcement, regardless of intent.  Threats may include, but are not limited to: bomb threats; threats to use firearms in a violent manner; threats to kill or do bodily injury; and/or threats to conduct a mass shooting or an act of terrorism.

The Disciplinary Response Code provides additional definitions for threats.  Threats can be direct or indirect, verbal or nonverbal.  A direct threat may include a specific act or a specific victim.  A direct threat is delivered in a straightforward and clear manner, such as making a threat verbally or in writing directly to the victim.  Indirect threats may be unclear or hidden.  Indirect threats may not state a specific victim or there is no intent that the threat be heard or seen by the victim, such as writing a threat that is not shown to the victim.

If a student reposts a threat on social media or via text, the student will be presumed to have made a threat as if he/she were the initial poster/sender which will lead to disciplinary action and possible criminal penalties. In addition, spreading rumors or reposting any information through social media that causes a disruption to the school environment will not be tolerated and will lead to disciplinary actions. If you see or hear anything that makes you feel uncomfortable or concerned, tell a trusted adult at school right away.

Additionally, if a student makes a statement or posts statements on social media alluding to the student bringing a firearm or other weapon on Board property, on school transportation, or to a school activity, even if the student does not actually bring the firearm or weapon, the student will be presumed to cause a disruptive environment which will lead to disciplinary action and possible criminal penalties.  This section includes students who post similar statements as a self-defense tactic.

Zero Tolerance for School-Related Violent Crime

In accordance with Section 1006.13, Florida Statutes, the intent of OCPS is to promote a safe and supportive learning environment in schools, to protect students and staff from conduct that poses a threat to school safety. The Zero Tolerance Policy is not intended to be rigorously applied to petty acts of misconduct. The Zero Tolerance Policy must apply equally to all students regardless of their economic status, race, or disability. Zero Tolerance policies must require students found to have committed one of the following offenses to be expelled, with or without continuing education services, from the student’s regular school for a period of not less than 1 full year, and to be referred to the criminal justice or juvenile justice system: a) bringing a firearm or weapon, as defined in Chapter 790, Florida Statutes, to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school, b) making a threat or false report, as defined by Sections 790.162, 790.163, Florida Statutes, involving school or school personnel’s property, school transportation, or a school-sponsored activity.    Refer to Board Policy JIC, Code of Student Conduct,  for further information.

Fighting and Self-Defense

Fighting is prohibited on all Board property, school transportation, and/or at school activities.  Fighting is defined by the Florida Department of Education as two or more people mutually participating in the use of force or physical violence that requires either physical intervention or results in injury requiring first aid or medical attention.  If the fight causes a major disruption on campus, it may be a Level 4 offense.

If a student is unable to leave the area of a pending attack, a student may use self-defense.  Self-defense is an action taken that is necessary to protect oneself or others from serious bodily harm.  Self-defense may include asking an adult for help, restraining or blocking the attacker, shielding oneself or others from being hit, or pushing to get away from the attacker.  However, retaliating by striking or hitting (e.g., punching, slapping, kicking) a person back, or choosing not to leave after you are able to get away, may be considered as fighting. Pursuant to Section 1006.13, Florida Statutes “in a disciplinary action, there is a rebuttable presumption that the actions of a student who intervened, using only the amount of force necessary, to stop a violent act against a student, staff, or volunteer were necessary to restore or maintain the safety of others.”

Sexting

In accordance with Board Policy JIC, Code of Student Conduct,  and Section 847.0141, Florida Statutes, sexting is defined as using any computer or electronic device to send, forward, display, retain, store or post sexually explicit, lewd, indecent or pornographic photographs, images or messages. Sexting will not be tolerated.  Participation in sexting:  

• During school hours or school activities on or off campus;
• While on Board property or school transportation; or
• Beyond the hours of school operation if the behavior adversely affects the personal safety or well-being of school-related individuals, the governance, climate or efficient operation of the school, or the education process or experience; shall be just cause for disciplinary action pursuant to this Code.

Acts of Hate

Pursuant to Board Policy ADD, Safe Schools  and Board Policy JB, Equal Educational Opportunity, all students attending school in OCPS “shall be treated according to a unitary code which applies equally regardless of race, color, religion, age, sex, national origin, marital status, disability, sexual orientation, genetic information, gender identity or expression, language spoken, homelessness, or any other reason prohibited by law.”An act of hate occurs when a student intentionally selects the victim because of any protected characteristics identified in Board Policies JB and ADD. An act of hate can be found on the basis of speech (including but not limited to threats and harassment), on the basis of conduct (including but not limited to battery or fighting), or on the basis of damage to property (including but not limited to theft and destruction of property/vandalism).  All charges under the category of an act of hate must be reviewed with the OCPS Office of Legal Services for compliance with law. Offenses that are determined to be an act of hate or hate-crime related, as defined in Florida Administrative Code Rule 6A-1.0017(8)(e), may receive higher consequences and/or an increase to a higher level  offense and are required to be reported to the Florida Department of Education’s School Environmental Safety Incident Reporting (SESIR) system and law enforcement.

Student Parking and School Locker Search

All OCPS parking areas and lockers are the property of the school district. School authorities have the right to inspect any student vehicle and/or lockers in order to protect the health, safety, and welfare of all students and school employees. This includes the use of K-9 detection dogs. Each student who uses Board property to park a vehicle or uses a school locker must sign an OCPS Student Parking and/or Student Locker Application and Consent to Search and Waiver of Liability form acknowledging and agreeing to the conditions as a prerequisite to, and in consideration for, the issuance of a student parking decal and/or a student locker. Individual student parked vehicles and/or locker searches will be conducted if school personnel have reasonable suspicion of a violation of the law or of the Code. A student is responsible for all objects found in the car the student drove on campus and/or found in the student’s locker. Routine locker clean-ups are not considered searches.

Search of an Individual

Any individual on Board property, on school transportation, and/or at a school activity, is subject to search.  To this end, OCPS recognizes the need to respect the rights of individuals while protecting the health, safety, and welfare of all students and school employees. OCPS has developed operational guidelines for random electronic scanning utilizing metal detectors and “hands-on” physical searches in schools as a means of helping to create and to maintain a safe educational environment in Orange County.  Secondary schools may have their classrooms randomly selected to be searched, which may include a search of the student’s person and/or belongings.

As it relates to student discipline investigations, school personnel are authorized to search a student and their property if reasonable suspicion of a violation of the law or Code exists.

Refusal to participate in a search may result in disciplinary action.

Hazing

In accordance with Section 1006.135, Florida Statutes, Rule 6A-1.0017, Florida Administrative Code and Board Policy JIC, Code of Student Conduct,  OCPS is committed to protecting its students from any hazing activities at any time on Board property, on school transportation, at school activities, and/or off school property if the misconduct is connected to participation or membership of a club or organization of a school. Hazing will not be tolerated.  Participation in hazing activities shall be just cause for disciplinary action. Any person who has knowledge or engages in hazing is strongly encouraged to report it directly to the principal or designee.  The reporting of any act of hazing may be made anonymously.

“Hazing” is defined in Rule 6A-1.0017, Florida Administrative Code, as “any action or situation that endangers the mental or physical health or safety of a student at a school with any of grades 6-12 for purposes of, initiation or admission into or affiliation with any school-sanctioned organization. Hazing includes, but is not limited to, pressuring, coercing, or forcing a student to participate in illegal or dangerous behavior, or any brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements.”  Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective. Permission, consent, or assumption of risk by an individual subjected to hazing shall not lessen the prohibitions contained in this policy.

Teen Dating Violence and Abuse

Dating violence is defined as violence committed by a person who has been in a social relationship of a romantic or intimate nature with the victim. Dating violence and/or abuse by any student is prohibited on school property, on school transportation, and/or during any school activity, and will be subject to disciplinary action and may result in criminal penalties.

Anyone who suspects dating violence and/or abuse is occurring is strongly encouraged to report the dating violence and/or abuse to the school administration for further investigation.  The reporter may choose to remain anonymous. Any allegations of dating violence will be investigated in accordance with Board Policy JB, Equal Educational Opportunities.

Any form of trafficking, such as human trafficking or drug trafficking, is prohibited on all Board property, school transportation, and/or at school activities.  Anyone who is a victim of trafficking or anyone who suspects trafficking is strongly encouraged report the allegations to school administration for further investigation.  School administration should consult with the school resource officer, or law enforcement officer if the school resource officer is unavailable, before beginning an investigation.  The reporter may choose to remain anonymous. 

Tobacco/Vaping

Board Policy ADC, Tobacco Free Schools and Facilities, prohibits the use of all tobacco products, tobacco-related products, and electronic smoking devices on Board property, school transportation, and/or at school activities at all times.  Students are prohibited from possessing, using, consuming, displaying, promoting, or selling/buying any tobacco product, tobacco-related product, electronic smoking device, or any item represented as such, at any time while on Board property, on school transportation, and/or at a school activity.  This prohibition includes wearing clothing or using other items to advertise or promote tobacco products or electronic smoking devices. 

Expulsion

Section 1003.01, Florida Statutes defines “expulsion” as the removal of the right and obligation of a student to attend a public school under conditions set by OCPS, and for a period of time not to exceed the remainder of the term or school year and one (1) additional year of attendance. Expulsions may be imposed with or without continuing educational services and shall be reported accordingly. 

All Level 4 Offenses may result in an expulsion pursuant to Section 1003.01 Florida Statutes, which may be up to “a period of time not to exceed the remainder of the term or school year and one (1) additional year of attendance.” Some Level 4 offenses require a mandatory expulsion as outlined in Florida Statutes and this Code. These offenses include firearms/weapons possession/use and or threats or false reports.  Pursuant to Section 1006.13, Florida Statutes, before the expiration of an expulsion period, the Superintendent shall determine, based upon the determination of the threat management team, whether the expulsion period should be extended. Upon the completion of the expulsion, the Superintendent may invoke Section 1006.08, Florida Statutes, and administratively place a student in an alternative setting.

Please note, the term “expulsion” is interchangeable with “full exclusion” and “expelled.”

Out-of-School Suspension

Section 1003.01, Florida Statutes, defines “suspension” as the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the principal or the principal’s designee, for a period not to exceed ten (10) school days and remanding of the student to the custody of the student’s parent/guardian with specific homework assignments for the student to complete.

The Code has certain offenses that could result in out-of-school suspension.  If a student receives out-of-school suspension, they are prohibited from attending school, any school-sponsored activity, or athletic program/event. 

Positive Alternative to School Suspension

Section 1003.01, Florida Statutes defines “in-school suspension” as the temporary removal of a student from the student’s regular school program and placement in an alternative program under the supervision of OCPS personnel, for a period not to exceed ten (10) days.

The Positive Alternative to School Suspension (PASS) program is a short-term, on-site intervention classroom initiative designed to address the unique needs of students who have committed a school-level behavioral offense. The classroom components help students develop more effective coping skills, character development principles, pro-social behaviors, while remaining on track with academics in the classroom. Restorative Practices are included in the PASS program and used in congruence with the classroom components.  PASS is designed as an enhancement to the Code. Only administrators with official referral documentation may place a student in PASS.  These placements are on a period-by-period basis or for a number of days not to exceed ten (10) days for any single placement. The goal of this program is to allow schools and administrators to effectively deal with Code violations that do not require a student be removed from the school setting.

Detention

Detention is permitted during school hours or outside of normal school hours if the principal or designee believes the detention is in the best educational interest of the student.  Written notice shall be provided to the parent/guardian twenty-four (24) hours before the start of the detention. 

If a student is assigned to detention before or after school, during the school week, then the detention shall be for no longer than one (1) hour and shall not exceed five (5) school days in a row, unless the principal or designee and parent/guardian agree otherwise.  If the student rides the school bus, prior arrangements shall be made by the principal/designee to ensure the student has transportation. 

If a student is assigned detention on a non-school day, then the detention shall be for no longer than four (4) hours, unless the principal or designee and parent/guardian agree otherwise.  Prior arrangements shall be made by the principal/designee to ensure the student has transportation before detention can be assigned on a non-school day.

Restorative Practices

Restorative Practices is a research-based approach that  positively impacts student behavior and school climate.  Restorative Practice creates a sense of belonging, minimizes harm, and supports student learning while cultivating students who are better equipped to navigate complex challenges, self-regulate, manage conflict, and become better citizens.  Restorative Practices are designed to uncover the root causes of conflict and create a safe space to facilitate conversations to minimize harm, repair relationships, and identify solutions.  OCPS has implemented Restorative Practices to address the needs of students who have committed disciplinary offenses in violation of the Code. A trained school staff member (administrator, teacher, or counselor) facilitates Restorative Practices conflict resolution circles with the person harmed and the person who caused harm. Some restorative methods may include using affective statements, restorative questions, community-building circles, and conflict-resolution circles.

Restorative Practices also aim to build a school culture that focuses on developing and maintaining relationships among educators and students. Through Restorative Practice, all voices are heard as problems are addressed and solved.  These practices teach the skills necessary to manage and reduce conflict.

Successful completion of Restorative Practices may serve as an acceptable consequence in lieu of a suspension or other appropriate disciplinary response.

Restitution

If a student takes or damages school property or the property of others, they may be required to pay restitution to the victim or OCPS. This obligation will remain on the student's discipline record until the restitution is paid in full. Payment plans can be arranged with the school principal. Additionally, community service may be completed in lieu of costs.

Court Orders and Felony Suspension/Expulsion

If a student is formally charged by a prosecuting attorney for a felony offense, or a delinquent act that would be a felony if committed by an adult, for an incident that allegedly occurred on property other than Board property, a felony suspension proceeding may be initiated against the student as permitted by Section 1006.09, Florida Statutes.  Additional information can be found in Section V of the Code.  If a court determines that the student did commit  a felony or delinquency act which would have been a felony if committed by an adult, OCPS may expel the student, provided that expulsion does not affect the delivery of educational services to the student in any residential, nonresidential, alternative, daytime, or evening program outside of the regular school setting as permitted by Section 1006.09, Florida Statutes.  Additional information can be found in Section V of the Code.

In addition, if a student has a no-contact order with other children or students, the student may be removed from their current school of enrollment and placed in another OCPS school or program.  Additional information regarding no-contact orders and felony offenses can be found in Section 1006.13, Florida Statutes, and Board Policy JIC, Code of Student Conduct.

Consultation with Law Enforcement

Section 1006.13, Florida Statutes, and Board Policy JIC, Code of Student Conduct requires OCPS employees to consult with the school resource officer (SRO), or law enforcement officer if the SRO is not available, for any act that poses a threat to school safety that occurs whenever or wherever students are in the jurisdiction of the district school board.  OCPS employees are not required to consult with law enforcement when a student commits a petty act of misconduct that is not a threat to school safety.  A threat management team may use alternatives to expulsion or referral to law enforcement agencies to address disruptive behavior through restitution, pre-arrest delinquency citation, teen court, neighborhood restorative justice, or similar programs. The final determination of whether the SRO or law enforcement officer will issue a pre-arrest delinquency citation rests solely with the SRO or law enforcement officer and does not exempt the student from receiving other forms of discipline interventions from the school.  This recommendation cannot be made for certain offenses, which includes, but is not limited to, the following: felonies; threats to the school; and possession/use of a firearm or weapon.

Petty Acts of Misconduct

Board Policy JIC, Code of Student Conduct, defines petty acts of misconduct as acts that do not pose a threat to school safety and do not require consultation with law enforcement.  The principal or designee may assign a student who commits a single petty act of misconduct to a school-based intervention program as permitted in this Code.

School Environment Safety Incident Report (SESIR)

Florida Administrative Code Rule 6A-1.0017 requires school districts to correctly code data used to report incidents that are against the law or represent serious breaches of the Code of Student Conduct.  This includes those incidents considered severe enough to require the involvement of a School Resource Officer “SRO” or incidents to be “Reported to Law Enforcement.” 

Those incidents that are required to be reported to SESIR and/or Law Enforcement are identified in the Code of Student Conduct with the three-letter code identifying SESIR incidents.  When multiple incidents occur at the same time and place, the incident that caused the most injury or the highest loss of property or monetary cost should be the one reported.  Any related elements to the SESIR incident must be reported.  A related element includes those specified in Florida Administrative Code Rule 6A-1.0017(8): alcohol, bullying, drug, gang, hate crime, hazing, injury, vaping, and weapon(s).

“Reported to Law Enforcement” means that an official action was taken by a School Resource Officer (SRO) or a local law enforcement officer such as, assigning a case number, filing a report, filing an affidavit, issuing a civil citation, conducting an investigation and finding it to be an incident reportable to SESIR, or making an arrest.

Cell Phone/Wireless Communication Device Policy for Students

A student may not possess smart glasses, including prescription smart glasses, on Board property or on school transportation. A student may possess a cell phone on Board property, on school transportation and at school activities, provided that during school hours, the cell phone is silenced and concealed in the student’s backpack or purse. Pursuant to Section 1006.07, Florida Statutes, “elementary and middle school students may not use a wireless communications device during the school day. High school students may not use a wireless communications device during instructional time, except when expressly directed by a teacher solely for educational purposes. A high school teacher shall designate an area for wireless communications devices during instructional time.”  For purposes of this section, the designated area for wireless communication use upon express permission of a school administrator will be the front office. Violations of the cell phone policy will be handled in accordance with the Code and may result in confiscation of said device.  If the cell phone is used

in a criminal act (such as sexting as outlined in Florida Statutes and the Code), the cell phone will be provided to law enforcement and the student may face criminal penalties.

The use of wireless communication devices is always prohibited during the school day (from the first morning bell to dismissal) unless expressly directed by a high school teacher solely for educational purposes. Wireless communication devices include, but are not limited to, cell phones, tablets, and/or auxiliary/ancillary devices such as smart glasses, including prescription smart glasses, smartwatches and ear buds.  Students may not receive discipline if they use their cellphone and/or ancillary device(s) to monitor a health condition that is documented through medical records provided to the school including, but not limited to, an IEP, a Section 504 Plan, or a Health Plan.

OCPS is not responsible for theft, loss, or damage to cell phones or other electronic devices brought onto its property.

Safety in Private Spaces Act

Pursuant to Section 553.865, Florida Statutes, each educational institution shall, within its code of student conduct, establish disciplinary procedures for any student who willfully enters, for a purpose other than those listed below:  a restroom or changing facility designated for the opposite sex on the premises of the educational institution and refuses to depart when asked to do so by any instructional personnel as described in Section 1012.01, Florida Statutes, administrative personnel as described in Section 1012.01, Florida Statutes, or a safe-school officer as described in Section 1006.12, Florida Statutes.

Pursuant to Section 553.865, Florida Statutes, “a person may only enter a restroom or changing facility designated for the opposite sex under the following circumstances:

1. To accompany a person of the opposite sex for the purpose of assisting or chaperoning a child under the age of 12, an elderly person as defined in s. 825.101, or a person with a disability as defined in s. 760.22 or a developmental disability as defined in s. 393.063;
2. For law enforcement or governmental regulatory purposes;
3. For the purpose of rendering emergency medical assistance or to intervene in any other emergency situation where the health or safety of another person is at risk;
4. For custodial, maintenance, or inspection purposes, provided that the restroom or changing facility is not in use; or
5. If the appropriate designated restroom or changing facility is out of order or under repair and the restroom or changing facility designated for the opposite sex contains no person of the opposite sex.”

Violations of the policy will result in disciplinary action pursuant to the Code.

Dual Enrollment/Postsecondary Notification

Students who participate in a dual-enrollment program at a postsecondary institution, such as Orange Technical College, are subject to both this Code and the postsecondary institution’s Code of Student Conduct.  Any disciplinary offenses that occur on OCPS campus will be reported to the participating postsecondary school where the student is dually enrolled and may result in the student being excused from the program.  In addition, any disciplinary offenses that occur on the postsecondary institution’s campus will be reported to OCPS for further investigation.  Students who commit a verified Level 4 offense pursuant to this Code may be unable to complete their dual enrollment program.

Failure to Attend Classes

If a student arrives at school and then leaves campus, has temporary absences from classes, or fails to attend specific classes, the school can take disciplinary action for skipping.

Truancy

If a student is required by law to attend school, the school will not suspend the student for unexcused absences or truancy pursuant to Board Policy JE, Student Attendance.  Section 1003.27, Florida Statutes, requires the Superintendent to report to the Department of Highway Safety and Motor Vehicles the name, date of birth, sex, and social security number of all students (14-17 years of age) who accumulate fifteen (15) unexcused absences in any ninety (90) calendar day period.  These students could lose driver’s licenses, or the privilege to obtain a driver’s license if deemed truant by the school and Florida Statutes.  In addition, parents/guardians of habitually truant students are subject to actions taken through the judicial system.

Corporal Punishment

The Board prohibits the administration of corporal punishment in the school district.

Standards of Conduct for Students using Transportation Provided by OCPS

Because of OCPS’s continuing efforts to provide safe transportation for all students, whether for a field trip, athletic function, similar activity, or to and from home, students are expected to abide by the following standards of school bus behavior, in addition to the Code:

1. Obey the bus driver at all times.

2. Stand off the roadway while waiting for the bus.

3. Be at the bus stop five minutes prior to a scheduled stop time.

4. Cross the roadway several steps in front of the bus.

5. Ride only on the assigned bus.

6. Board and depart at the assigned bus stop.

7. Must scan their RFID Student ID or Bus Pass to enter and exit the bus, upon issuance of RFID Student ID or Bus Pass.

8. Act appropriately while waiting for the bus.

9. Give your proper name when requested by the bus operator or monitor.

10. Remain seated at all times when the bus is moving and properly wear a seat belt, as applicable.

11. Remain silent when the dome lights are on.

12. Remain silent at railroad crossings.

13. Refrain from littering on the bus.

14. Refrain from bringing reptiles, bugs, animals, or marine life (dead or alive) on the bus unrelated to school activities.

15. Refrain from displaying signs from the bus.

16. Refrain from using profane language or gestures.

17. Refrain from acts of vandalism.

18. Refrain from throwing any objects from the windows of the bus.

19. Refrain from any conduct or behavior that interferes with the orderly, safe, and expeditious transportation of yourself or other bus riders.

20. Students are permitted to use their electronic device while on OCPS/OCPS-sponsored transportation so long as the student utilizes earbuds, headphones, etc. and has at least one ear free to hear directions.

21. Skateboards are not permitted on the school bus.
     

Recording devices have been installed on buses. Students may be filmed at any time during their ride. The recordings may be utilized to determine violations of the Code. Violations of the aforementioned standards, or any other section of the Code, may be the basis for suspension or expulsion from the bus/school.

Internet Policy: Student Technology Acceptable and Responsible Use Agreement

OCPS is committed to providing a safe, positive, productive, and nurturing educational environment.  OCPS believes that all students should have access to technology (e.g., software, Internet, and network access) when they act in a responsible, efficient, courteous, and legal manner. Violations of the Internet Policy will not be tolerated and will be subject to this Code.

Educational Purpose

Technology access has been established for educational purposes and will be consistent with the district’s curriculum and the Florida Standards.  The term “educational purpose” includes age-appropriate academic activities that directly improve upon 21^st century skills such as creativity, innovation, critical thinking, problem solving, communication, and collaboration. Technology access includes the use of Artificial Intelligence (AI) tools responsibly for educational purposes, such as described below, aligned with the district's curriculum and the Florida Standards.

Students are expected to follow the rules set forth in the Code and the law in the use of the Internet and network resources.

Students may not use the Internet for commercial purposes.  This means they may not offer, provide, or purchase products or services through the Internet at any school using district resources.

Student Internet Access

All students will have district-supervised access to the Internet through the classroom, media center, district-issued device, or computer lab.  In accordance with the Children’s Internet Protection Act (CIPA) and the Children’s Online Privacy Protection Act (COPPA), all OCPS web access is filtered.  However, this does not preclude the possibility that inappropriate sites are not blocked.

Students will use OCPS Internet access for educational purposes only and will not access profane or obscene material, advocate illegal acts, or advocate violence or discrimination towards other people. OCPS-issued student accounts are subject to OCPS monitoring. 

Responsible Uses

In order to ensure a safe, positive, productive, and nurturing educational environment for all, students are expected to demonstrate responsible technology uses. Students will keep information, such as his/her password, address, phone number, birthday, and other identifiable information private. Sharing personally identifiable information that might compromise a student’s OCPS-issued account, even your own, is strictly prohibited. Students are strongly encouraged to report anyone who tries to use technology to hurt or harass other students or staff or anyone who makes him/her feel uncomfortable.

Students will not login to any account other than their own or use OCPS technology to engage in any illegal acts, such as drug sales, purchasing alcohol, engaging in criminal gang activity, threatening the safety of another person, cyber-stalking, or cyberbullying. Any attempts to circumvent OCPS ITS security and network protocols and systems are prohibited. This includes the use of unauthorized executable files. Violations will be subject to the OCPS Code of Student Conduct.

Responsible Use of AI

In addition to the general responsible uses outlined above, students are expected to adhere to the following guidelines when using AI tools:

• Accuracy and Verification: Students are responsible for verifying the accuracy of information generated by AI tools. AI-generated content should not be assumed to be factual and require critical evaluation. Students should cite AI sources appropriately.
• Plagiarism and Originality: Submitting AI-generated work as one's own original thought is considered plagiarism. Students must understand how to properly attribute the use of AI in their work and ensure that the work submitted reflects their own learning and understanding.
• Bias and Fairness: Students should be aware that AI models can exhibit biases. Critical thinking is essential when evaluating AI-generated content for fairness and potential biases.

Appropriate Use: AI tools should be used for educational purposes only. Using AI for malicious purposes, such as generating harmful or discriminatory content, is strictly prohibited. Students shall not utilize AI driven resources to produce material that can be considered threatening and /or cyberbullying in nature, utilize a student or staff members likeness, or circumvent instructional resources provided by OCPS in completing assignments.

Inappropriate Content

Students will treat others with respect by using appropriate language and offer constructive criticism if appropriate.  Students will not use inappropriate language, harass others, knowingly or recklessly communicate false or defamatory information about a person or organization, share privately sent messages without permission of the person who sent it, share private information about another person, or participate in sexting. This also includes the generation and dissemination of inappropriate or harmful video, image, audio, or other content using AI tools. The student code of conduct defines and covers inappropriate or harmful content.

System Security

All students will allow any teacher, administrator, or OCPS ITS staff to review their work and activities created on a district device or OCPS network at any time.  Students are required to ask for permission before connecting their personal device to the OCPS network and will make sure any devices used on the OCPS network are approved by the district. OCPS ITS and school personnel do not require student permission to access district owned accounts or devices. 

Students will not use technology to gain access to student grades or private student records, download or utilize unauthorized software, apps, extensions, or plug-ins on a school device, intentionally spread computer viruses, or bypass, destruct, disrupt, modify, or abuse OCPS network access. Violations of the policy will result in disciplinary action pursuant to this Code. Students will not use AI tools to attempt to bypass OCPS security measures or gain unauthorized access to systems or data.

Student Use of Micromobility Devices

OCPS permits students to park micromobility devices on Board property during school hours. Riding is not permitted at any time on Board property which includes, but is not limited to, sidewalks, courtyards, athletic fields, courts, grass areas, or other pedestrian spaces on campus. Detached vehicle batteries are not permitted inside school buildings at any time.

To protect the health, safety, and welfare of students and staff, parking micromobility devices on Board property is subject to the following rules:

• Upon entering Board property, students must dismount all micromobility devices and walk them to their designated area. At the end of the school day, students must walk their micromobility devices outside of Board property before mounting.

• OCPS is not responsible for the loss, theft, or damage of micromobility devices brought onto Board property. Students who violate these rules may be subject to disciplinary action and may lose the privilege of bringing personal transportation devices onto Board property.

For purposes of this Code, a micromobility device includes bicycles, e-bikes, scooters, skateboards, hoverboards, and similar devices used for individual transportation. An e-bike is an electric bicycle with a motor not exceeding 750 watts and a maximum assisted speed of 28 miles per hour.

Violations of this section will not be tolerated and will be subject to this Code