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Section V

Section V: Additional Information

  • Family Educational Rights and Privacy Act (FERPA)

    Notification of Rights under FERPA for Parents/Guardians/Eligible Students

    The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are eighteen (18) years of age or older (eligible students) certain rights with respect to your student’s education records. These rights are:

    1. The right to inspect and review the student’s education records within forty-five (45) days of the day the school receives a request for access. Parents/guardians or eligible students who wish to inspect their child’s or their education records must submit a written request to the principal that identifies the record(s) the parents/guardians or eligible student wishes to inspect. The principal will make arrangements for access and notify the parent/guardian or eligible student of the time and place where the records may be inspected.
       
    2. The right to request the amendment of the student’s education record that the parent/guardian or eligible student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  Parents/guardians or eligible students who wish to ask the school to amend their child’s or their education records must write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  If the school decides not to amend the record as requested, the school will notify the parent/guardian or eligible student of the decision and of their right to a hearing regarding the request for amendment.  If, as a result of the hearing, the school still decides not to amend the record, the parent/guardian or eligible student can insert a statement into the record setting forth his or her views regarding the nature of the inaccuracy.  The statement must remain with the contested part of the record for as long as the record is maintained.  Please note, while the FERPA amendment procedure may be used to challenge facts that are inaccurately recorded, it may not be used to challenge a grade, an opinion, or a substantive decision made by a school about a student. FERPA was intended to require only that schools conform to fair recordkeeping practices and not to override the accepted standards and procedures for making academic assessments, disciplinary rulings, or placement determinations. Additionally, if FERPA's amendment procedures are not applicable to a parent's/guardian’s request for amendment of education records, the school is not required under FERPA to hold a hearing on the matter.
       
    3. The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff; the person elected to the school board; or, a person or company with whom the district has contracted to perform a specific task. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Additionally, personally identifiable information will be released without consent to appropriate officials in emergency situations, to comply with a lawfully issued subpoena and in cases involving compulsory school attendance and child abuse.  Further disclosures of personally identifiable information from educational records of a student without obtaining prior written consent of the parents/guardians or the eligible students can be found in 34 C.F.R. Part 99.31.  Please note: Per FERPA, disciplinary records are also considered educational records and cannot be disclosed unless one of the above exceptions applies. 
       
    4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The address of the office that administers FERPA is:

    Family Policy Compliance Office 
    U.S. Department of Education 
    400 Maryland Avenue, SW 
    Washington, DC 20202-4605

  • Release of Directory Information

    The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that OCPS, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, OCPS may disclose appropriately designated “directory information” without written consent, unless you have advised OCPS to the contrary in accordance with OCPS procedures and Board Policy JRA, Student Records,   The form to opt-out of the release of directory information can be obtained from your child’s school or by completing the form found at the following site.  Please note, directory information, as permitted by the Board, will only be shared with contracted entities and is pursuant to Board Policy JRA, Student Records. 

    In accordance with FERPA and Board Policy JRA, Student Records, the following information, also known as “directory information,” can be found in your child’s school records and is not confidential:

    • Student name;
    • Student address;
    • Telephone numbers, if listed;
    • Name of the most recent previous school or program attended;
    • Dates of attendance at schools in the district;
    • Participation in officially recognized activities and sports; 
    • Diplomas, certificates, and honors received;
    • Date of graduation; and
    • Date and place of birth.

    Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s/guardian’s prior written consent.  Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. 

    Military recruiters may also request the name, addresses, and telephone listings of students pursuant to federal law. Local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965, as amended (ESEA), must provide the requested information to the military recruiters, unless parents/guardians have advised the LEA that they do not want their student’s information disclosed without their prior written consent.  [Note: These laws are Section 9528 of the ESEA (20 U.S.C. § 7908) and 10 U.S.C. § 503(c), and Section 1003.451, Florida Statutes.]

    In addition, the names and directory information pertaining to children of active or former law enforcement officers, investigative personnel of the Department of Health and Rehabilitative Services, firefighters, justices and judges, and other officials, as outlined in Section 119.071, Florida Statutes, are exempt from disclosure.  If such a parent/guardian makes a written request to the school that information not be released by the school without parent/guardian consent, the school shall not release such information.

  • Release of Educational Records to Other Educational Agencies

    FERPA permits disclosure of educational records to other educational agencies or institutions in accordance with 34 C.F.R. § 99.34.  OCPS may disclose educational records (e.g. academic, disciplinary, threat management, Title IX, etc.)  to other educational agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.  The parent/guardian may request a copy of the record that was disclosed..  In addition, pursuant to Section 1003.25, Florida Statutes, educational records transferred to another educational agency shall include: verified reports of serious or recurrent behavior patterns, including any threat assessment report, all corresponding documentation, and any other information required by the Florida specific behavioral threat assessment instrument pursuant to Section 1001.212(11) which contains  evaluation, intervention, and management of the threat assessment evaluation and intervention services; and psychological evaluations, including therapeutic treatment plans and therapy or progress notes created or maintained by OCPS, as appropriate.

  • Procedures for Felony Suspension/Felony Expulsion

    Section 1006.09(2), Florida Statutes, allows the principal to suspend a student enrolled at his/her school who has been formally charged with a felony or similar offense by a prosecuting attorney and the incident for which he/she has been charged occurred off of Board property, and under circumstances in which the student would not already be subject to the rules and regulations of OCPS, and the incident would have an adverse impact on the educational program, discipline or welfare in the school in which the student is enrolled.

    Step Description
    Step 1 Determine that the student has actually been formally charged with a felony (or has been charged with an offense in juvenile court which, if the student were an adult, would be classified as a felony) by notifying an area administrator who will contact the Office of Legal Services for confirmation, if needed.
    Step 2 If the student attempts to return to school, the principal must decide whether the student’s return would have an adverse impact on the school. The principal should consider the possibility of harm to the accused student or to others created by the presence of the accused student in the school. Felony suspension should be used only when the principal identifies and documents a definite adverse impact on other students or on the accused student. In determining “adverse impact”, the principal should consider the nature of the alleged offense (e.g., a student charged with rape, robbery, murder, etc.). The principal should also consider the publicity of the offense or any other circumstances which might increase the possibility that the student’s presence would pose a threat to the students and staff and substantially disrupt the school. The principal should also consider whether the student’s continued attendance would pose a threat to the student charged with the felony.
    Step 3 The principal must contact the area administrator to schedule the hearing within ten (10) schools days of receiving the notice of the felony charges against the student. A hearing is conducted by the principal/designee and area administrator in every felony suspension procedure. It is not necessary for the parent/guardian to request a hearing.
    Step 4

    If a felony suspension related to the documented adverse impact is imposed, the parent/guardian must be notified in writing of the following:
    (1) Recommendation for suspension until the determination of student’s guilt or innocence, or dismissal of charges.
    (2) Specific charges against a student.
    (3) The date and time of a hearing with the area administrator.
    (4) Pending the hearing, the student is temporarily suspended.
    (5) If the hearing results in a felony suspension, the student will need to be temporarily placed at an alternative education site until the outcome of the felony charge has been determined.
    (6) Conditions under which a waiver of felony suspension may be granted in the case of unlawful use of an illegal controlled substance as provided in Section 1006.09(2)(a) and (b), Florida Statutes:
    a. If there is not an adverse impact on the school.
    b. If the student divulges information leading to the arrest and conviction of the person who supplied the controlled substance to him.
    c. If the student voluntarily discloses his/her unlawful possession of such controlled substances prior to his/her arrest.
    d. If the student commits himself/herself, or is referred by the court in lieu of sentence, to a state-licensed substance abuse program and successfully completes the program.
    Step 5 The hearing will be conducted by the area administrator and must be attended by the principal/designee, the student, the parent/guardian, and the student’s representative or counsel, if applicable. The student may speak to his/her own defense, may present any evidence indicating his/her eligibility for waiver of disciplinary action, and may be questioned on his/her testimony. However, the student shall not be threatened with punishment or later punished for refusal to testify. The person conducting the hearing is not bound by courtroom procedure or testimony and no transcript of the testimony shall be required. The purpose of the hearing is not to determine the student’s guilt or innocence of the felony. The purpose of the hearing is to determine whether knowledge of the offense with which the student has been charged would have an adverse impact on the educational program, discipline, or welfare of the school.
    Step 6 Following the hearing, the area administrator will provide the student and parent/guardian with a decision in writing as to whether or not the felony suspension will be made. In arriving at a decision, the area administrator will consider conditions under which a waiver may be granted and may grant a waiver when he/she determines such actions to be in the best interest of the school and student. The letter should also instruct the parent/guardian and student to provide documentation to the principal of the satisfactory resolution of the charges. The area administrator has the authority to modify the decision to either grant or deny a waiver at any time prior to adjudication by a court. However, any modification that is adverse to the student shall be made only following a hearing conducted in accordance with the procedure described.
    Step 7 If the decision by the district is to impose the felony suspension, an area administrator will make arrangements to place the student in an alternative education setting.
    Step 8 If the charges are dropped (nolle prosequi) or the student is adjudicated not guilty or not delinquent by the court, the student may return to their zoned school upon presenting documentation of the court’s decision.
    Step 9 If the court determines that the student did commit the felony or delinquent act which would have been a felony if committed by an adult, the area administrator may provide a recommendation for expulsion to the Director of Discipline and Superintendent. The Superintendent shall review the recommendation and shall have the authority to recommend to the Board that the student be expelled for one (1) year from the date of the adjudication, provided that the 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.

     

    Notice: Section 1006.13, Florida Statutes,  prohibits any student who commits, and is adjudicated guilty of or delinquent for, or is found to have committed, regardless of whether adjudication is withheld, or pleads guilty or nolo contendere, of any kind of the felony offenses specified by Section 1006.13, Florida Statutes, (homicide, assault-battery-culpable negligence, kidnapping-luring or enticing-false imprisonment-custody offense, sexual battery, lewdness-indecent exposure, abuse, robbery, sudden snatching, carjacking, home invasion robbery) against another student from attending school with, or riding the same school bus as, the victim or any sibling of the victim, or if a “no contact” order is issued by the court and notification is reported by the Department of Juvenile Justice to OCPS.

  • Procedures for Early Re-entry of Students Assigned to an Alternative Placement in Lieu of Expulsion

    A student may qualify for an early re-entry to the student’s zoned school or other school deemed appropriate by OCPS, following the Superintendent or Designee’s action to place a student at an alternative school in lieu of expulsion.  This section details the procedures for early re-entry, including what will be required of the student, parent/guardian, and/or school.  Any student who qualifies for early re-entry must have a re-entry plan.  Failure to abide by the re-entry plan may result in the student returning to the alternative placement and/or further disciplinary action, as appropriate.

    A re-entry plan requires a commitment from the student and parent/guardian to cooperate with school officials to reasonably ensure that the behavior that led to the original alternative placement does not recur.

    The determination to allow a student early re-entry solely rests with the Superintendent or Designee.  A student will only be considered for early re-entry if the Superintendent or Designee finds reasonable probability that the student will behave in a respectful manner upon re-entry, abide by this Code, and does not pose a threat to the school, other students, OCPS staff, contracted vendors, or volunteers.  Students who committed acts of violence or made concerning threats to an individual or school may not be eligible for an early re-entry consideration.   

    This section only applies to students assigned to an alternative placement in lieu of expulsion; for students who were fully excluded without continuing educational services, please see “Early Re-Entry for Fully Expelled Students,” located within this Section of the Code.

     

    Step Description
    Step 1 A written request for early re-entry may be made by the parent/guardian, student, or OCPS personnel at the midpoint of the alternative placement. Once the request is received, OCPS will review the documentation required within this section, the initial offense resulting in the alternative placement, victim impact (if applicable), and other records relating to the student to determine the probability of success for early re-entry.
    Step 2 The following documents are required to determine eligibility for an early re-entry plan:

    1. Documentation of counseling relating to the offense;
    2. Minimum of 2.0 GPA (secondary), a C average (grades 3-5) or satisfactory (grades K-2) for current course work;
    3. Consistent attendance and no disciplinary behaviors at the alternative placement site;
    4. Other documentation required by OCPS that relates to the specific student and the offense committed, which resulted in the alternative placement; and
    5. An acknowledgment from the parents/guardians that they understand and accept the conditions outlined in the re-entry plan.
    Step 3 The re-entry plan will be submitted to the Superintendent or designee for final approval before the student is permitted to return to the student’s zoned school or other school as deemed appropriate by OCPS. If approved, the director of discipline will notify the parent/guardian.
    Step 4 An early re-entry meeting will be held at the school once the Superintendent’s designee finds the requirements contained within this section have been met and there is a reasonable probability the student will abide by this Code, which includes, but not limited to, behaving in a respectful manner upon re-entry, and not posing a threat to the school, other students, OCPS staff, contracted vendors, or volunteers. Additional OCPS staff may be invited depending on the specific offense and student; in addition, the parent/guardian may bring another adult of the parent/guardian’s choice.

  • Procedures for Early Re-entry for Students that Receive a Full Exclusion With or Without Continuing Educational Services

    A student may qualify for early re-entry to an alternative placement school, following the Board’s action to fully expel the student without continuing educational services.  This section details the procedures for early re-entry, including what will be required of the student, parent/guardian, and/or school.  Any student who qualifies for early re-entry must have a re-entry plan.  Failure to abide by the re-entry plan may result in the full exclusion without continuing educational services being reinstated and the student being removed from the alternative placement school.

    A re-entry plan requires a commitment on the part of the student and parent/guardian to cooperate with school officials to reasonably assure the behavior which led to the original expulsion will not recur.

    The determination to allow a student early re-entry must be recommended by the Superintendent to the Board.  The expulsion from the student’s record cannot be removed or modified; however, the Board, with the recommendation of the Superintendent, may determine that the student can return to an alternative placement school to receive educational services.

    This section only applies to students who receive a full exclusion without continuing educational services; for students who were assigned to an alternative placement in lieu of expulsion, please see “Procedures for Early Re-Entry of Students Assigned to Alternative Placement in Lieu of Expulsion,” located within this Section of the Code. 

    Early re-entry plans are to be developed when appropriate, following the procedures described below.

    Step Description
    Step 1 A written request for an early re-entry plan may be made at the midpoint of the expulsion to the applicable area administrator. Once the request is received, OCPS will review the documentation required within this section, the initial offense resulting in the full exclusion, victim impact (if applicable), and other records relating to the student to determine the probability of success of an early re-entry.
    Step 2 The following documents are required to determine eligibility for an early re-entry plan:

    1. Documentation of third-party counseling relating to the offense;
    2. Positive community service;
    3. Minimum of 2.0 GPA for current course work;
    4. Consistent attendance and no disciplinary behaviors at the student’s current school of enrollment;
    5. Review from OCPS Department of Student Services as to the student’s well-being;
    6. Other documentation required by OCPS that relates to the specific student and the offense committed, which resulted in the full exclusion; and
    7. An acknowledgment from the parents/guardians that they understand and accept the conditions outlined in the re-entry plan.
    Step 3 After review of this information, the Superintendent’s designee will consider the request for early re-entry. If the Superintendent’s designee finds that all criteria have been met, and agrees that an early re-entry would be in the best interest of the student and of the school system, a meeting will be held with the Superintendent’s designee, area administrator, alternative placement site principal/designee, parent/guardian, and student to develop a written early re-entry plan. The parent may also bring another adult of the parent/guardian’s choice to the meeting. The early re-entry plan must detail the conditions for the student to attend the alternative placement school.
    Step 4 Following completion of the re-entry plan, which is acceptable to the school administrator who will be responsible for supervising the student, the plan shall be submitted to the Superintendent.
    Step 5 If the Superintendent approves the student’s early re-entry, the Superintendent shall submit the recommendation to the Board for consideration and final approval. The parent/guardian will be notified of the action taken by the Board.