Orange County Public Schools

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 I-III offense, shall be afforded the following procedures. In emergency situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar opportunities for the procedural safeguards.
Please note, these procedures should be used in conjunction with the procedures set forth herein which align with Title IX of the Education Amendments Act of 1972 and the Board Policy JB, entitled, “Equal Educational Opportunities.”

LEVELS I-III PROCEDURES

Step 1: The student must be told by the principal or 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 make a determination as to whether the evidence supports the offense. If so, the principal/designee determines the appropriate discipline response according to the Code. The student shall be informed of the disciplinary response.

Step 4: The principal/designee shall report each suspension in writing to the student’s parent/guardian and to the area superintendent or designee. This report shall be mailed or delivery initiated within 24 hours of the start of the suspension or on the next regular workday. 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 the prior contact with the parent/guardian, but continued reasonable efforts to contact the parent/guardian shall be made.

Step 5: After the discipline investigation is complete, the parent/guardian 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, a copy will not be provided.

Step 6: The student and parent/guardian have a right to request a conference with the principal or designee upon request of the parent/guardian to appeal the discipline imposed. All such requests must be made within three (3) school days of the first notification of a discipline referral. The principal shall have the discretion to adjust the discipline response.

Step 7: A meeting should be held each time any student with disabilities has been suspended from classroom or transportation for ten (10) days cumulative during a school year. The purpose is to determine if the placement is appropriate and if any changes need to be made in order to more effectively deal with the student’s behavior concern.

Step 8: At the discretion of the principal/designee, a written behavior contract or safety plan may be required upon return of the student.

Step 9: If the parent/guardian feels that procedural safeguards were not provided, they may appeal by contacting an area administrator. The area administrator shall discuss the matter with the parent/guardian, and if appropriate, schedule a meeting between the principal/designee, the area administrator, and the parent/guardian to further discuss the matter.

Step 10: The area administrator will make a recommendation to the Director of Discipline to either uphold the principal’s/designee's decision or modify the decision based on the specific facts and charges upon which the consequences are based. The Director of Discipline has the final decision-making authority for these types of appeals.

A student accused of a violation of the Code which, in the opinion of the principal or designee, may require expulsion from school or transportation, shall be afforded the procedural safeguards described below. In emergency situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar opportunities for these procedural safeguards.

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

LEVEL IV PROCEDURES

Step 1: The principal/designee must inform the student of the reason(s) for 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 or designee shall make a determination in writing as to whether the evidence supports the offense. If so, the principal/designee determines the appropriate discipline response according to the Code. The student shall be informed of the Level IV offense. If the principal/designee determines that there are sufficient grounds for expulsion, then the principal/designee shall inform the student that he or she is being suspended from school for ten (10) days and a recommendation that the student be expelled is being considered.

Step 4: The principal/designee shall report in writing to the student’s parent/guardian and the district that the student has been suspended for ten (10) days and a recommendation that the student be expelled from school is being considered. The report shall be mailed or delivery initiated within 24 hours of the start of the initial ten (10) day suspension or on the next regular school day. Reasonable effort 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 the prior contact with the parent/guardian.

Step 5: The student and parent/guardian have a right to request a conference with the principal/designee to review the Level IV offense. All such requests must be made within three (3) school days of the first notification of suspension that the parent/guardian receives.

Step 6: After the discipline investigation is complete, the parent/guardian 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, a copy will not be provided.

Step 7: The area administrator shall convene a Discipline Team Meeting (DTM) as soon as possible. The OCPS employees present at the DTM shall include the area administrator, principal/designee and other appropriate personnel, including, but not limited to, a counselor, school psychologist, administrative dean, or Positive Pathways Transition Center staff. The school will also request that the parent/guardian and student attend the DTM.
The purpose of the DTM is to:

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

Step 8: No later than one (1) school day prior to the DTM, parents/guardian/students must notify the school principal/designee of all parties that will attend the DTM on behalf of the student. The parent/guardian/student may elect to bring parties to the DTM of their choosing. If the parent/guardian retains legal counsel the Office of Legal Services must be notified prior to the DTM at (407) 317-3411.

Step 9: If the decision is made by the area administrator to verify the Level IV and the consequence is a full exclusion, 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 a decision is made by the area administrator to verify the Level IV and the consequence is an alternative placement, Section 1006.08, Florida Statutes, will be invoked and the student will be administratively placed at the alternative school within Orange County. It is important to note, once the student is withdrawn from their home school the only OCPS school the student may attend is the school designated by the area administrator at the DTM, however, the parent/guardian may instead elect to enroll their child in home school, or Florida Virtual School, private school, or another county, if permissible.

Step 10: If the decision is made by the area administrator to verify the Level IV and the parent/guardian believes the student is entitled to further procedural safeguards or would like to dispute documentary evidence upon which the proposed expulsion is based, the parent/guardian may request an administrative hearing by providing notice of such request to the applicable area administrator or designee. Failure of the parent/guardian to request an administrative hearing from the applicable area administrator or his/her designee within fourteen (14) days after the Discipline Team meeting shall be deemed a waiver of any challenge to the procedures utilized by the Discipline Team in making its decision. Administrative hearings shall be granted or denied within fifteen (15) days from the time they are requested unless an extension is agreed upon in writing. The area administrator and the principal/designee may attend the administrative hearing. 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. If the parent/guardian retains legal counsel the Office of Legal Services must be notified prior to the Administrative Hearing at (407) 317-3411.
If the student is recommended for a full exclusion 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 Administrative Hearing Officer will either recommend to uphold the DTM decision or recommend to overturn the decision based on the specific facts and charges upon which the proposed consequence is based. 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; provided however, the Administrative Officer may reject both proposed orders and issue his/her own order.

Step 12: If the recommendation of the Administrative Hearing Officer is to uphold the Level IV, the student/parent/guardian may request a meeting with Executive Director (Discipline) to discuss the recommendation of the area administrator and Administrative Hearing Officer. The Executive Director (Discipline) will review the documentary evidence and procedural safeguards and provide a recommendation to the Superintendent for review.
For Level IV consequences of alternative placement or participation in continuing education services:
The Superintendent shall then review the Executive Director’s (Discipline) recommendation and shall have the authority to take whatever action he/she deems appropriate (which may include a lesser discipline consequence). The decision of the Superintendent shall be final and binding.
For Level IV consequences that result in an expulsion as defined in Section 1003.01(6), Florida Statutes:
The Superintendent shall then review the Executive Director (Discipline) 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.

Steps 13 and 14 only apply for Level IV consequences that result in an expulsion as defined in Section 1003.01(6), Florida Statutes.

Step 13:  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 as found at the DTM may appropriately lead 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 14: For full exclusions brought before the School Board, the School Board will execute a Final Order memorializing the discipline consequence.

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 I-IV provided in this Code apply to all students, including students with disabilities; however, the following additional procedural safeguards also apply to students with disabilities under the IDEA.
The following Information 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.
Please note, these procedures should be used in conjunction with the “Level I-III Procedures,” “Level IV Procedures,” and “Title IX Procedures” set forth herein.

Additional IDEA Information
Suspension -
If a student with a disability 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 should review a student’s misconduct as early as possible to determine if there is a need for additional behavior supports and/or services.

After a student with a disability 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 student’s disciplinary placement.

Manifestation Determination -
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 meeting. A manifestation determination is a process by which the relationship between the student’s disability and a specific behavior that may result in disciplinary action is examined. In some cases, the manifestation determination may occur in conjunction with the Discipline Team Meeting for Level IV offenses.

The manifestation determination 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 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, or whether the student’s behavior was the direct result of the school’s failure to implement the IEP.

• 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 the parent(s)/guardian(s) agree to a change in placement as part of a modification of the student’s Positive Behavior Intervention Plan (PBIP), or 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 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.

The Procedural Safeguards must be provided to the parent(s)/guardian(s) at the manifestation determination meeting. In addition, regardless of whether 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 PBIP needs to be developed or, if a PBIP has already been developed, whether the PBIP needs to be modified to address the student’s current behavior.

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 a District review of 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 Procedural Safeguards provided at the manifestation determination meeting, the IDEA, Florida Statutes, and the Florida Administrative Code.

It is important to note, pursuant to the IDEA if the student is placed in an interim alternative education setting due to the violation of the Code, the student will remain in the interim alternative education setting pending the outcome of the due process hearing.

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 I-IV of this Code.

A student accused of sexual harassment pursuant to Title IX of the Education Amendments Act of 1972 (Title IX) definition and Board Policy JB, entitled “Equal Educational Opportunities,” shall be afforded the following procedures. In emergency situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar opportunities for the procedural safeguards.

These procedures must be implemented for sexual harassment claims if they meet the definition under Title IX and/or Board Policy JB before any discipline consequence is given to the respondent, unless an emergency removal of the respondent is required due to an immediate threat of physical health or safety to others. The definition for “sexual harassment” as outlined in Title IX and Board Policy JB includes: (1) an OCPS employee conditioning the provision of an aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or (3) sexual assault as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

The initiation of these procedures does not prohibit the school from implementing supportive measures which are designed to protect the safety of all parties and/or the educational environment.

The student discipline investigation as detailed throughout this Code shall be conducted after these Title IX procedures have been completed. Nothing in the section prohibits the school from implementing discipline consequences if the respondent is found to have committed an offense in the Code through the discipline investigation, regardless of whether the Title IX complaint was dismissed.

For reference, as used in this section, the “complainant” is the individual who is the alleged victim and the “respondent” is the individual who has been reported to be the perpetrator of the conduct.

TITLE IX PROCEDURES

Step 1: A school must follow these procedures within twenty-four (24) hours or no more than two (2) school days when the school has actual knowledge of sexual harassment occurring in an OCPS education program or activity. Education activity or program includes location, events, or circumstances over which OCPS has exercised substantial control over both the respondent and the context in which the sexual harassment occurred. A report may be made by any person with knowledge of sexual harassment incidents occurring.

If the school believes the alleged sexual harassment constitutes a crime, the matter shall be immediately reported to the School Resource Officer or appropriate law enforcement agency. If the alleged sexual harassment may constitute child abuse it shall be immediately reported to the Florida Department of Children and Families (DCF). If the alleged sexual harassment is against an OCPS employee, the Title IX Coordinator or school administrator shall immediately notify OCPS Professional Standards.

Step 2: The school-based Title IX Coordinator must promptly notify the complainant of available supportive measures and explain the process for filing a formal complaint. If there is an immediate threat to the physical health or safety to others, then the respondent shall be removed from the school under the emergency removal provisions in Title IX and/or Board Policy JB, Equal Educational Opportunities.

Step 3: The complainant or parent/guardian of the complainant must file a formal written complaint with the school alleging sexual harassment against a respondent and requesting an investigation of the allegations within ten (10) school days of the alleged misconduct occurring. The school-based Title IX Coordinator may also file the formal written complaint on behalf of the complainant if a written complaint is not received from the complainant or parent/guardian. At the time of filing the complaint the complainant must be participating in or attempting to participate in the educational program or activity of the school where he/she is filing the complaint in order for the school to investigate under Title IX and Board Policy JB, Equal Educational Opportunities; however, this provision does not prohibit the school from continuing with a discipline investigation.

Step 4: If a formal complaint is filed, the school must immediately determine if: (1) the allegations meet the definition of sexual harassment under Title IX and/or Board Policy JB, Equal Educational Opportunities; (2) the conduct occurred in an OCPS education program or activity; and (3) the allegation is against a person in the United States. If the allegations meet the above criteria the school shall continue with the following procedures as detailed herein and provided in Board Policy JB, Equal Educational Opportunities. If the allegations do not meet the above criteria the school shall dismiss the formal complaint and conduct a discipline investigation as detailed in the Code. The complainant must be notified of the dismissal within twenty-four (24) hours or no more than two (2) school days.

The complainant may request an appeal from the decision of the school to dismiss the formal complaint as outlined under Title IX and Board Policy JB, Equal Educational Opportunities. The request for an appeal should be provided to the principal within two (2) school days of notice of the dismissal. Failure to request an appeal within two (2) school days shall be deemed a waiver of the appeal.

Step 5: If the complaint is not dismissed, then the school must provide the respondent and complainant and his/her parent/guardian written notice of the allegations against the respondent upon the receipt of the sexual harassment complaint within two (2) school days. The respondent and complainant may elect to have an advisor of their choice to assist them throughout the Title IX process. The advisor may be an attorney, but is not required to be.

Step 6: The respondent shall be afforded the opportunity to prepare a response regarding the complaint and provide that response during the initial interview. The respondent shall have no less than two (2) school days from the date of the written notice to prepare a response and conduct the initial interview; the time to provide the response and conduct the initial interview shall not exceed five (5) school days. This time may be modified for good cause as outlined in Title IX and/or Board Policy JB, Equal Educational Opportunities.

Step 7: The Title IX Coordinator/Investigator must conduct a Title IX investigation into the allegations of the sexual harassment. Both the respondent and complainant will be given an equal opportunity to: present witnesses; present evidence; and inspect and review all evidence related to the investigation once the investigation is complete. The investigation must be completed and evidence provided to the respondent and complainant within five (5) school days of the initial interviews with the complainant and respondent, whichever interview is later.

Step 8: After the evidence is provided, the respondent and complainant will be given ten (10) school days to review and submit a written response to the evidence for the Title IX Coordinator/Investigator to consider before the Title IX Coordinator/investigator completes his/her investigative report. If a response is not received within ten (10) days the Title IX Coordinator/Investigator will deem the non-response as a waiver and continue with his/her investigative report.

Step 9: After reviewing the evidence and responses, the Title IX Coordinator/Investigator shall create an investigative report summarizing his/her findings. The investigative report will be provided to the respondent and complainant for review. Both the respondent and complainant will have no more than two (2) school days to provide written relevant questions to the Title IX Coordinator/investigator to be asked of any party or witness. The party or witness has no more than two (2) school days to respond to the questions. Responses will be provided to the complainant and respondent by the Title IX Coordinator/Investigator. The respondent and complainant will then have no more than two (2) school days to provide no more than five (5) written relevant follow-up questions. The party or witness has no more than two (2) school days to respond to the follow-up questions. The respondent and complainant will have ten (10) days from receipt of the investigative report to provide a written response to the investigative report.

Step 10: The investigative report and written responses will be provided to the Principal/Decision-maker. If a response is not received within ten (10) days, the Principal/Decision-maker will deem the non-response as a waiver and continue with his/her determination of responsibility.

Step 11: The Principal/Decision-maker shall issue a written determination regarding the responsibility of the respondent to the respondent and complainant within three (3) school days. The Principal/Decision-maker shall apply the preponderance of the evidence standard when making his/her determination. The school-based Title IX Coordinator will be responsible for the implementation of all remedies stated in the written determination. The determination of responsibility will become final after two (2) school days if an appeal of the determination is not requested.

Step 12: If either the respondent or complainant do not agree with the Principal/Decision-maker’s determination, either party may appeal the decision in writing to the Principal/Decision-maker. A request for an appeal must be made within two (2) school days of issuance of the determination of responsibility. An appeal will be granted if: (1) procedural issues affected the outcome; (2) there is new evidence that becomes available that could affect the outcome; or (3) there was a conflict of interest or bias by the Title IX Coordinator/Investigator or Principal/Decision-maker against the respondent or complainant. The respondent and complainant shall have three (3) school days to submit a written statement challenging or supporting the determination of responsibility issued by the Principal/Decision-maker. If a statement is not received within three (3) school days, the appeals decision-maker will deem the non-response as a waiver and continue with his/her decision regarding the appeal. The appeals decision-maker will review the statements, if available, the investigative report, and the determination of responsibility before submitting his/her written decision to the respondent and complainant. The written appeals determination describing the result and rationale for the decision must be provided simultaneously to the complainant and respondent and his/her parent/guardian within five (5) school days. The decision of the appeals decision-maker will become final upon issuance.

Additional Guidelines

1. No recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.
2. Intimidation, threats, coercion, or discrimination, including charges against an individual for Code of Student Conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation.
3. Schools are required to keep confidential the identity of the following individuals: any individual who makes a report or complaint of sex discrimination; any individual who makes a report or filed a formal complaint of sexual harassment; any complainant; any respondent; any individual reported to be the perpetrator of sex discrimination; and any witness. Disclosure of the aforementioned individuals may be permitted according to the FERPA or as required by law.
4. A Code of Student Conduct violation for making a materially false statement in bad faith during the course of the grievance process does not constitute retaliation. A determination regarding responsibility alone is insufficient to conclude that any party made a materially false statement in bad faith.

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 school 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.

FELONY SUSPENSION PROCEDURES

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 State Attorney’s office for confirmation.

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)(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 in his/her own defense, may present any evidence indicating his or 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 of the student’s guilt 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 student is adjudicated guilty or delinquent by the court, the area superintendent may provide a recommendation for expulsion to the Superintendent. The Superintendent shall review the recommendation and shall have the authority to recommend to the Board that the student be expelled through the normal expulsion procedure or assigned to an alternative program/school for one (1) year from the date of adjudication.

Notice: Section 1006.09, 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.

Following Board action to fully expel a student, the student shall not have the right to attend public schools (including virtual and charter schools) in Orange County, Florida, unless the Board, in its sole discretion and acting upon the recommendation of the Superintendent, revokes the existing expulsion based upon an early re-entry plan. A student who receives an early re-entry back to OCPS will attend an alternative placement site. Failure of the student to abide by an early re-entry plan may be grounds to reactivate the expulsion.

It is intended that the procedure to be followed in developing early re-entry plans shall be flexible, but shall require a commitment on the part of the student and his/her parent/guardian to cooperate with school authorities in reasonably assuring that the behavior which led to the original expulsion will not recur.

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

EARLY RE-ENTRY PROCEDURES

Step 1: A request for an early re-entry plan may be made at the midpoint of the expulsion to the area superintendent. If a request for early re-entry is received, a review of the expulsion and other school records relating to the performance of the student will be made by the area superintendent/designee to determine the probability of success of an early re-entry.

Step 2: The following documents shall be 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; and
6. An indication from the parents/guardians that they understand and accept the conditions set forth in the re-entry plan.
7. Other documentation as required by OCPS.

Step 3: After review of this information, the area superintendent will consider the request. If the area superintendent does consider that an early re-entry would be in the best interest of the student and of the school system a meeting shall be held with the area superintendent/designee, area administrator, alternative placement site principal/designee, parent/guardian, and student to develop a written early re-entry plan which details the conditions for an alternative placement site.

Step 4: Following completion of the re-entry plan which is acceptable to the school administrator who will be responsible for supervision of the student, the plan shall be submitted to the Superintendent.

Step 5: If the Superintendent approves the early re-entry of the student, he/she shall submit the recommendation to the Board. The parent/guardian will be notified of the action taken by the Board.