Student Code of Conduct

INTRODUCTION

This document constitutes the rules regulations governing student conduct. Blueprint 2000, Florida’s plan for school reform and accountability, recognizes the importance of healthy and drug-free schools, safe school environments, and protection of civil rights with assurance of equitable treatment for all students, parents, and personnel.

This code applies to every student (pre-kindergarten through adult education) who is under the authority of the Hamilton County School System and shall be in effect on school property, at school-sponsored events, at school bus stops, and on school buses. Students not riding a school bus are not under the supervision, control or direction of the principal while en route to and from school. Nevertheless, all students are expected to follow this Code on their way to and from school. The principal or designee may take administrative action if a student’s misconduct en route to or from school has a harmful effect on the health, safety, or welfare of other students and/or the school.

It is the policy of the School Board that misbehavior of any kind will not be tolerated. (Please see Glossary for definitions of misbehaviors.) In order for instruction to occur in a safe environment, there must be a cooperative relationship between students, parents/guardians, and the school system.

STUDENTS are expected to:

* assume responsibility for their own behavior.

* be in school every day, if well, and to learn.

* respect individuals and property.

* use appropriate, responsible behavior at all times.

* Help maintain a safe, alcohol-free, drug-free, weapon-free environment.

PARENTS/GUARDIANS are expected to:

* support their school’s discipline plan in order to protect the learning environment.

* show interest in their child’s progress and work with school personnel to solve any behavioral and/or academic problems.

* get to know their child’s school, its staff, curriculum, programs, and activities by attending parent-teacher conferences and school/parent functions, such as School Advisory Council meetings and PTA meetings.

* make sure their child goes to school appropriately dressed and on time every day, unless their child is ill or has a contagious disease.

* maintain up-to-date information at the school, including home, work, and emergency telephone numbers, addresses and health information.

The SCHOOL SYSTEM is expected to:

* administer through its teachers, staff, and administrators, appropriate consequences for misbehavior in order to ensure that teaching and learning can occur.

* provide and maintain a safe atmosphere which will encourage positive behavior and high achievement.

* provide courses of study, programs, and activities to meet the needs of all students.

* show respect for all individuals by treating them fairly and impartially.

* encourage open communication among students, parents/guardians, community agencies, and school personnel.

* discipline any student under its supervision, subject to limitations of the law and district policies.

SECTION ONE

STUDENT RIGHTS, RESPONSIBILITIES, AND RULES

This section summarizes the basic principles of student rights. With each right comes a responsibility. The principal, under the supervision of the Superintendent and within School Board regulations, shall assume administrative responsibility and instructional leadership of the school to which he or she is assigned. The faculty and staff shall assist in the orderly operation of the school and ensure the rights of students.

Attendance

Florida law states that children who are six (6) by February 1st must attend school regularly until their 18th birthday, unless they are eligible for exemption or have been expelled by the School Board. The parent/guardian is responsible for the student’s attendance.

A student who has 15 unexcused absences within 90 calendar days is a habitual truant under state law. The student may be dealt with as a child in need of services under Chapter 39, Florida Statutes. In addition, the parent/guardian may be subject to criminal prosecution under Chapter 232, Florida Statutes.

A student between the age of 16 and 18 may file a formal declaration of intent to terminate school enrollment and will then not be subject to compulsory school attendance. This declaration must be signed by the student and the parent/guardian.

Student Rights:

* To be informed of School Board policies and individual school rules regarding absenteeism (excused and unexcused) and tardiness.

* To appeal a decision pertaining to an absence.

* To make up class work within an appropriate length of time when there is an excused absence.

Student Responsibilities:

* To attend classes daily and be on time.

* To provide the school with an adequate explanation and appropriate documentation to explain an absence.

* To request makeup assignments from teachers upon return to school and complete them within an appropriate length of time.

Excused Absences: Students must be in school unless the absence has been excused for one of the reasons listed below. It is the responsibility of each student’s parent/guardian to explain the student’s absence to the school in a manner satisfactory to the principal. Reasons for excused absences include:

* Sickness, injury, death in the immediate family, or some other insurmountable condition (up to three (3) absences for illness per semester with parental note).

* Documented appointments with health care professionals.

* Documented absences for religious instruction or religious holiday.

* Participation in an academic class or school-sponsored activity approved by the principal.

* Court appearances (copy of subpoena required).

For kindergarten through eighth grade only, absences due to other individual circumstances may be excused by the principal. All other absences are considered unexcused.

High school students who exceed a certain number of absences may be unable to receive credit. Please check with the administration of the high school for specific information.

Respect for Persons Property

Public and private safety are constitutional rights. Students, parents, and school staff need to work together to see these rights are preserved in our schools. Students have an obligation to assume responsibility for their own actions in a climate which fosters respect for persons and property.

Student Rights:

* To be treated with respect by other students, school personnel and campus visitors.

* To expect that your property will be respected by other students and school personnel.

* To have a safe and orderly school.

* To protect yourself and your property against some injury attempted by another.

Student Responsibilities:

* To treat other students, school personnel and campus visitors with respect.

* To respect others’ property by not damaging or taking it.

* To treat school property with respect and to act in a way that does not interfere with the rights of others and is not harmful to the health and/or safety of others.

* To avoid conflict, first seek help from an adult, if possible. Protect yourself from harm if no other option is available. Report the incident to an adult school employee as soon as possible.

Student Rules for Riding School Buses

It is a privilege to ride a school bus. Students are expected to adhere to the rules. Conversations and actions by students on a school bus may be recorded by a video and audio recorder and may be used for disciplinary action.

Students must:

1. Obey the driver.

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

3. Be at the bus stop on time and conform to all applicable school rules.

4. Sit according to the seating chart.

5. Remain seated when the bus is in motion.

6. Keep arms, legs, head and objects inside the windows.

7. Remain quiet. Unnecessary conversation with the driver is dangerous.

8. Observe classroom conduct at all times while aboard the bus.

9. Not eat, drink or have or use tobacco products.

10. Cross the road 10 feet in front of the bus, when boarding or departing, after the driver signals that it is clear to cross.

11. Ride only the assigned bus to and from school unless duly authorized. Written parental permissions, with principal approval, is required to get off at a different stop or ride a different bus, providing room is available on the bus. Parents assume responsibility.

12. Pay for damage to school buses or property within 10 days after billing.

13. Not bring large boxes, balloons, cages, firearms, knives, glass bottles, animals, reptiles, offensive materials, etc., on the bus. Band instruments too large to fit in the student’s lap or under the seat are not permitted.

Knowledge and Observation of Rules of Conduct

Effective learning takes place in an atmosphere where students, parents/guardians, and school administrators know the rules for all students and the consequences for students who choose to violate the Code of Student Conduct.

Student Rights:

* To have a copy of clearly defined rules of student conduct explained to you.

* To expect the rules to be enforced without discrimination.

Student Responsibilities:

* To know and observe school rules and regulations which govern your conduct.

* To become familiar with the Code of Student Conduct, all school rules, all classroom rules, and all bus rules.

Right to Learn and Participate

Students have the right to be involved in their education. Age, grade, maturity, and sophistication are factors which determine the level of involvement. Course selection and participation in school activities are an integral part of learning.

Student Rights:

* To receive district curriculum descriptions that will help you make informed choices.

* To have equal opportunity with regard to academic programs and extracurricular activities without regard to race, color, religion, gender, national origin, age, marital status, or disability.

* To receive instruction under competent instructors in an atmosphere free from bias and prejudice.

* To participate in quality academic programs in elementary, middle and senior high schools.

Student Responsibilities:

* To ask for assistance from school personnel in selecting courses.

* To request participation in academic programs and extracurricular activities that match with your abilities.

* To cooperate with the teacher and contribute to a free, unprejudiced atmosphere.

* To cooperate fully and exert every effort to achieve mastery of the Sunshine State Standards.

Free Speech, Student Publication, and Assembly

Citizens are guaranteed self-expression under the first and fourteenth amendments of the United States Constitution. One of the basic purposes of education is to prepare students for responsible self-expression and the free exchange of ideas in group discussions.

Student Rights:

* To express your viewpoints responsibly in writing or orally without jeopardizing your relations with other students, your teachers, or the school administration.

* To print and distribute publications only under the supervision of the principal/designee.

* To conduct meetings on school grounds or in school buildings in accordance with school rules and scheduled use of facilities.

Student Responsibilities:

* To recognize the rights of others by expressing yourself in a manner which does not disrupt the orderly process of education, violate school rules, or infringe on the rights of others.

* To observe guidelines provided by school administrators and follow the rules of responsible journalism so as not to slander or libel other persons.

* To conduct yourself and your activities consistently with the educational objectives of the school, to refrain from disrupting the educational process and endangering the health, safety or welfare of others.

Students Rules for Computer Use

Students are responsible for good behavior on computers at school. Computer files, including e-mail, are not private. The use of the school’s computers and computer networks, computer software, data files, Internet access, and intellectual property is a privilege and is intended for educational purposed only. Students must have a signed AUP on file each year in order to have access to the Internet at school. The privilege may be revoked or other disciplinary action taken for violation of any of the following rules:

1. Sharing computer account IDs and passwords, except when authorized.

2. Creating, copying, receiving, or using data, language or graphics which are obscene, abusive, harassing, or otherwise inappropriate at school.

3. Accessing, changing or deleting computer programs, data files or electronic mail belonging to others, without express permission.

4. Stealing or destroying the school’s computer hardware or peripherals (printers, mouses, monitors, modems, cables, connectors, etc.).

5. Stealing or destroying computer software or date files owned by the school or other persons.

6. Violating or attempt to violate the security of the computer/network systems.

7. Taking unauthorized actions which deny access to, disrupt, or destroy the service of the computer/network systems.

8. Making unauthorized or unlawful installation of personal computer software on the school’s computers or the computer network, including, but not limited to, games, virus programs, and applications software. Student-provided software must be used only in accordance with the license agreement.

9. Using computers, computer networks, or computer peripherals (printer, mouses, monitors, modems, etc.) to commit a forgery or to create a forged instrument.

10. Using computers, computer networks, computer software, data files or intellectual property in any unauthorized way.

Privacy

Federal and state laws provide persons with reasonable expectation of privacy in addition to freedom from unreasonable search and seizure of property. Such guarantees are not unlimited and must be balanced by the school’s responsibility to protect the health, safety, and welfare of all students and faculty.

Students Rights

* To have privacy of your personal possessions unless appropriate school personnel have reasonable cause to believe a student has any object or material which is prohibited by law or School Board.

* To expect that schools will keep student records safe and private.

* To learn how information is gathered, used, and what it means in your school records.

Student Responsibilities:

* Not to carry or conceal any such material prohibited by law, school board policy, or that would detract from the educational process.

* To accept the consequences for any contents stored within the student’s locker, bookbag, purse, instrument case or other items as deemed necessary.

Dress Code

Student Rights:

* To wear clothes of your choice, or the school uniform, as long as those clothes or the way the clothes are worn are appropriate for the school, adhere to the school dress code, are not dangerous to health or safety and do not disrupt the learning environment.

* To learn without being offended or distracted by the way other students are dressed.

Student Responsibilities:

* To come to school fully clothed and wear clothes which are not dangerous to health or sponsored events, including, but limited to, exposed underwear, saggy/baggy pants, clothing promoting drugs, alcohol, tobacco, gang identification, weapons, and/or sexual behavior.

NOTE: A school may establish a uniform dress policy which requires that students wear the school’s uniform. Refusal to comply with such a uniform dress code policy is an infraction under this code.

DRESS CODE

PK-12

1. Shoes must be worn at all times. Shoes with wheels, bedroom slippers, shower shoes, slides, or house shoes will not be worn.

2. Clothing that exposes the torso or upper thighs is not allowed. Examples of clothing which may not be worn are see through garments, mini-skirts or mini-dresses, halters, backless dresses, tube tops or tank tops without blouses or shirts, or blouses that expose the midriff when standing normally, clothing not properly fastened, or with tears which are indecent (tears or holes should not be above the midthigh), and midriff outfits. Pants of all styles must be worn at the waist or as designed.

3. Garments such as boxer shorts, bloomers, and bustiers which are designed as undergarments will not be worn as outer garments. Other clothing not allowed include leggings without over blouses that reach mid-thigh, tights or hosiery including those with lace trim, bicycle racing attire unless worn underneath dresses, skirts, or appropriate shorts. Appropriate T-shirts may be worn as outer garments.

4. Students may wear hemmed shorts that are not shorter than mid-thigh including walking shorts, Bermuda shorts, and split skirts, (culottes). Athletic shorts are not allowed.

5. Students are not allowed to wear clothing, jewelry, buttons, haircuts, or other items with markings which are offensive, suggestive, or indecent, associated with gangs, encourage use of drugs, alcohol, or violence, or support discrimination on the basis of age, color, handicap, national origin, marital status, race, religion, or gender.

6. Head coverings, including, but not limited to caps, hats, skull caps, doo-rags, and bandannas are not allowed inside school buildings unless approved by the administration.

7. Curlers and other hair-grooming aids are not allowed to be worn. Personal grooming such as combing, brushing, or spraying hair, and applying cosmetics are allowed only in restrooms or designated areas.

8. Sunglasses may not be worn indoors without a doctor’s permit on file with the administration.

9. Any articles of clothing or jewelry that may cause injury such as belts or bracelets with spikes or chain material and billfolds which contain chain material are not allowed.

10. Students in grades K-12 may carry book bags made of any material.

11. Students will not be allowed to attend class who are in violation of the dress code. The principal or designee will decide on an individual basis any dress code issues not covered in the Student Code of Conduct. Students in violation of the dress code will not be allowed to attend class until the dress code violation has been corrected. This may include the student being sent home for repeated violations.

Non-Discrimination

A number of federal and state laws prohibit discrimination. Board Policy 2.18 prohibits discrimination in any educational program or activity.

Student Rights:

* To attend school and learn where all students and adults are treated equitably without regard to race, color, religion, national origin, age, gender, marital, status, or disability.

* To attend school and learn in an environment free of harassment.

Student Responsibilities:

* To treat others equitably and fairly.

* To conduct yourself and your activities so as not to harass others and to report harassment or discriminatory situations to school administrators.

SECTION TWO

DISCIPLINE BY LEVELS

To establish reasonable consistency in the schools, a uniform Discipline Code has been developed. Definitions of terms used can be found in the Glossary. Consistent with the Code of Student Conduct, the principal or designee is responsible for discipline and determines the level of the behavior and its appropriate consequence. Schools and teachers may develop individual rules and disciplinary practices which supplement the Code but do not conflict with it. It is the intent of the School Board of Hamilton County that the principal or designee of each school has a reasonable degree of choice in determining the level of a student’s behavior and the resulting consequences. The factors to consider include, but are not limited to:

* Seriousness of offense

* Premeditation, impulse, or self-defense

* Age and/or disability

* Strength of evidence

* Cooperation/remorse

* Disciplinary history

Behaviors and their consequences are divided into four levels. Each level represents progressively more serious misbehavior and consequence.

Under the Individuals with Disabilities Education Act (IDEA), students who have been identified as educationally disabled and are receiving ESE services are subject to additional disciplinary guidelines that are different than those for non-disabled students.

Level IV Discipline

Level IV offenses are minor acts of misconduct which interfere with orderly classroom procedures, school functions, extracurricular programs, approved transportation, or a student’s own learning process. These offenses may be handled first by the teacher or other staff member involved. If additional action is necessary because of continued violation or other concerns, the student will be referred to the principal or designee for appropriate disciplinary action. The teacher or school administrator/designee, after review of the student’s explanation, consultation with other persons involved and further investigation (when needed), will determine appropriate disciplinary action consistent with the Code and attempt to contact parents.

Level III Discipline

Level III offenses are intermediate acts of misconduct which require administrative intervention, including, but not limited to, repeated minor misconduct and acts directed against persons or property but which do not seriously endanger the health or safety of others. School support staff and/or community resource agencies may be involved. After review of the student’s explanation, consultation with other persons involved, and further investigation (when needed) the school administrator/designee will determine appropriate disciplinary action consistent with this Code and attempt to contact parents.

Level II Discipline

Level II offenses are serious acts of misconduct, including, but not limited to, repeated similar misbehavior, serious disruptions of the orderly conduct of school, threats to health, safety, or property and other acts of serious misconduct. These offenses must be reported to the principal/designee and may result in immediate removal of the student from the school or extracurricular activities. The principal/designee will investigate the behavior and determine appropriate disciplinary action consistent with this code and contact parents.

Level I Discipline

The most serious acts of misconduct are included in this level; they must be reported immediately to the principal/designee. These violations are so serious that they may require district administrators, outside agencies and/or law enforcement. Such acts may also result in criminal penalties being imposed. The principal/designee may recommend the expulsion of any student who has committed a serious breach of conduct.

Discipline Charts

A minor to major discipline chart listing recommended consequences is included on the following pages. A range of consequences is available for each inappropriate behavior. If a principal / designee needs to deviate from the suggested range, she / he must write the rationale and place it in the student’s discipline folder. The principal is authorized to take appropriate action in response to other misbehaviors not included in the chart and in lieu of the recommended consequences may substitute another appropriate consequence.

SECTION THREE

PROHIBITIONS AND NOTICES

Notice: Prohibition of Violence Against School District Personnel

Battery against any school personnel by a student is a level I violation of the Code of Student Conduct. A student who deliberately and knowingly commits an act of battery against school personnel shall be suspended from school. The principal shall recommend expulsion and will offer to assist the staff member in pressing such charges as are appropriate. Subject to federal and state mandates, any student charged with a violation of section 784.081, F.S. (assault, aggravated assault, battery, or aggravated battery upon a school employee) shall be removed from the classroom immediately and suspended or placed in an alternative school setting pending disposition. Any student found to have committed a violation of section 784.081, F.S. shall be expelled or placed in an alternative school setting for a minimum period of one year. [F.S.230.23015]

Notice: Prohibition and Zero Tolerance of School-Related Crimes

The School Board has zero tolerance for crimes, violence, weapons and drugs. This policy includes the reporting of delinquent acts and crimes occurring whenever and wherever students are under the jurisdiction of the School Board.

1. Students found to have committed the following offenses on school property, school-sponsored transportation or during a school-sponsored activity shall receive the most severe consequences provided by Board Policy.

a. homicide (murder, manslaughter);

b. sexual battery;

c. armed robbery;

d. aggravated battery;

e. battery or aggravated battery on a teacher or other school personnel;

f. kidnapping or abduction;

g. arson;

h. possession, use, or sale of any firearm;

i. possession, use, or sale of any fireworks, explosive, destructive device;

j. possession, use, or sale of controlled substances’

k. makes a threat or false report as defined by 790.162, F.S. and 790.163, F.S.

2. Appropriate due process procedures will be followed. If a student committing one of the offenses outlined above is identified as disabled, school personnel will follow the special procedures for such student.

3. Local law enforcement authorities shall be notified when any crime or delinquent act is committed on school property, on school sponsored transportation or during a school-sponsored activity. Additionally, if the offense involves a victim, school officials shall notify the victim and the victim’s parents or legal guardian if the victim is a minor of the offense and of the victim’s rights to press charges against the offender. School personnel shall cooperate in any investigation or other proceedings leading to the victim’s exercise of rights as provided by law. [Rule 6A-1.0404, FAC]

Notice: Prohibition of Weapons

Weapons and use of weapons are prohibited on school property, including buses, at school-sponsored activities and in any vehicle brought onto school property or to a school-sponsored activity. Violation of this prohibition shall be considered a serious breach of conduct. The term “weapon” shall include, but not be limited to, any pointed, sharp or blunt instrument which has no legitimate educational purpose for the student at school and/or items that closely resemble weapons or operate similarly, such as pellet guns, BB guns and starter pistols.

1. Firearms/Explosives/Destructive Device,

For firearms/explosive/destructive device violations, a student shall be suspended from school for ten (10) days, and the principal shall recommend expulsion. Violations include possession, sale, distribution, display, transfer or use of any firearms/explosive, whether operable or inoperable, loaded or unloaded.

Any student who brings a weapon, as defined in Chapter 790, F.S., to school will be expelled from the regular school for not less than one year and referred for criminal prosecution. [F.S. 230.23(6)(d)10]

Any student who brings a firearm to school will be expelled from the regular school for not less than one year and referred for criminal prosecution. [F.S.230.23(6)(d)10]

2. Other Weapons

A student possessing, selling, distributing, displaying or transferring a weapon of any type, other than a firearm/explosive/destructive device, shall be suspended from school for five (5) to ten (10) days and the principal may recommend expulsion. Violations include possessing, selling, distributing, displaying or transferring firecrackers, fireworks and M80s.

A student using a weapon of any type, including pointed or sharp instruments such as ice picks, penknives or razor blades, shall be suspended from school for ten (10) days and the principal shall recommend expulsion.

3. Non-Weapons Used as Weapons

A student using as a weapon any article or substance not normally considered to be a weapon (e.g., rocks, pens, pencils) shall be suspended for ten (10) days, and the principal shall recommend expulsion. For students with disabilities, the mandatory penalties provided by this policy shall be subject to the procedures for discipline of students with disabilities.

Notice: Prohibition of Alcohol and Drugs

The use of illegal drugs and the unlawful possession and use of alcohol is wrong and harmful and is a Level IV violation of this code. Possession, sale, transfer, distribution or use by any elementary, middle or high school student of any form of alcoholic beverage, drugs with abuse potential, hallucinogens or similar items, except those specifically prescribed by a licensed physician, is prohibited on school property, including buses, and at school-sponsored activities. Drugs with abuse potential are defined as those classified as “designer drugs” under Florida Statutes. Any drug with abuse potential prescribed by a licensed physician must be delivered to the school clinic and administered under the supervision of a school employee.

1. Violation of this prohibition shall be considered a serious breach of conduct. Appropriate law enforcement officials and parents or guardian will be promptly notified.

2. A student in possession of, using or being under the influence of any item listed above, except under the direction of a licensed physician for that student, shall be immediately suspended from school for a period of ten (10) days for the first offense and the principal may recommend expulsion. The student may be required to show proof of enrollment in an appropriate rehabilitation program prior to readmission to regular classes and may be placed on probation. For a second offense, the student shall be suspended for ten (10) days and the principal shall recommend expulsion.

3. A student selling any item listed above or represented by the student to be any item listed above shall be immediately suspended from school for a period of ten (10) days for the first offense and the principal shall recommend expulsion. Soliciting a sale and transfer or distribution other than selling shall result in immediate suspension for a period of five (5) to ten (10) days and the principal may recommend expulsion. For a second transfer or distribution or distribution offense, the suspension shall be for ten (10) days and the principal shall recommend expulsion.

4. The application of this policy applies to the use of any legal substance to attain a mood-altering effect and the possession of any equipment or device for preparing or taking drugs.

5. State law provides additional penalties for students formally charged with a felony, including those allegedly occurring off school property. By their nature, such incidents shall be considered to represent an adverse impact on the educational program, discipline or welfare in the school. A student adjudged guilty of a felony under Chapter 893, Florida Statutes, may be recommended for expulsion from all educational programs in the Hamilton County public school system.

6. Pursuant to state law, any student may be entitled to a waiver of discipline or expulsion if he divulges information leading to the arrest and conviction of the person who supplies such controlled substance to him or if he voluntarily discloses his unlawful possession of such controlled substance prior to his arrest. A waiver also may be granted if the student successfully completed a state-licensed or school board approved drug abuse program. [F.S.232.26(2)(a),(b)]

7. For students with disabilities, the mandatory penalties provided by this policy shall be subject to the procedure for discipline of students with disabilities.

Notice: Prohibition of Tobacco Products

Use, possession, distribution and sale of tobacco products are prohibited on school property, at school-sponsored events, at school bus stops and on school buses. In addition it is unlawful for any person under 18 years of age to knowingly possess any tobacco product. [F.S. 386.212; 569.11]

Notice: Prohibition of Misconduct on

School Bus/at Bus Stop

Students who use Board bus privileges are expected to follow the Code of Student Conduct. Disruptive behavior on a school bus or at a school bus stop may be a Level IV violation of the Code of Student Conduct. Students may have their bus riding privileges suspended and may also be suspended from school for misbehavior on the bus.

Notice: Prohibition of Sexual Harassment

The School Board forbids discrimination against any student on the basis of sex. The Board will not tolerate sexual harassment activity by any of its students. A substantiated charge against a student shall subject that student to disciplinary action, including but not limited to suspension or expulsion, consistent with this Code.

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature, when such conduct substantially interferes with a student’s academic performance or creates an intimidating, hostile or offensive environment. It is sexual harassment for a student to subject another student to any unwelcome conduct of a sexual nature. Students who engage in such conduct shall be subject to discipline.

1. Sexual harassment, as defined above, may include but is not limited to the following:

* verbal harassment or abuse;

* pressure for sexual activity;

* repeated remarks to a person with sexual or demeaning implications;

* unwelcome or inappropriate touching;

* suggesting or demanding sexual involvement accompanied by implied or explicit threat.

2. Any student who alleges sexual harassment by another student may use the student grievance procedure or may complain directly to the principal. Filing of a complaint or otherwise reporting sexual harassment will not affect the student’s status, extracurricular activities, future grades or work assignments.

3. The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the Board’s legal obligations and with the necessity to investigate allegations of misconduct and take corrective action when this conduct has occurred.

4. In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct and the context in which the alleged conduct occurred will be investigated. The Superintendent or designee has the responsibility of investigating and resolving complaints of sexual harassment.

Notice: Prohibition of False Accusations

It is a Level IV violation for a student to intentionally make false accusations that jeopardize the professional reputation, employment or professional certification of a teacher or other member of the school staff. [F.S. 232.26(1)(c)]

Notice: Removal of Student from Class

Each school shall develop progressive discipline guidelines for removal of chronically disruptive students from the regular classroom. A student may be removed from class by a teacher for behavior which interferes with the teacher’s ability to communicate effectively with the class, or with the ability of the student’s classmates to learn. Under these circumstances and subject to federal and state mandates, the student will not be returned to the teacher’s class without the teacher’s consent. If a teacher withholds consent, a placement review committee will determine the student’s placement. [F.S. 232.271,232,271(2), 232.272].

Notice: Prohibition of Display or Use of Electronic Telephone Pagers and Cellular Telephones

Display or use of electronic telephone pagers (beepers) on school property or at a school-sponsored activity is grounds for discipline [F.S. 230.23(6)(d)4]. Other electronic items including mp3 players, Ipods, cd players, game consoles, cameras, etc. are also prohibited from being brought on school grounds without the specific permission of the Principal.

Display or use of cellular telephones on school property during regular school hours is grounds for discipline. Confiscated telephones or other electronic devices will only be returned to the student upon completion of the assigned discipline. The school will not be responsible for the loss or theft of items that are confiscated as a result of a student’s violation of this policy. Return of the item at an earlier date will only occur with a parent/guardian meeting with the principal or designee to discuss the violation.

Notice: Prohibition of Threats or False Reports (Including Fire Alarms and Bomb Threats)

Any student who is determined to have made a threat or false report as defined by 790.162 F.S. and 790.163 F.S. involving school or school personnel’s property, school transportation, or a school-sponsored activity will be expelled from the regular school for not less than one year and referred for criminal prosecution. Whoever, without reasonable cause, by outcry or the ringing of bells or otherwise, makes or circulates or causes to be made or circulated, a false alarm of fire shall for the first conviction be guilty of a misdemeanor of the first degree and punishable by law (s. 775.082, 775.083). A second or subsequent conviction under this section shall constitute a felony of the third degree, punishable as provided by law (s. 775.082, 775.083, or 775.084). It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree and punishable by law (s. 775.082, 775.083, or 775.084). It is also unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapons of mass destruction as defined in s. 790.166 and any person convicted thereof commits a felony of the second degree and punishable as defined in law (s. 775.082, 775.083, or 775.084).

SECTION FOUR

PROCEDURES

Student Detention, Search and Seizure

1. Any designated instructional or administrative staff member shall be authorized to temporarily detain and question a student under circumstances which reasonably indicate that the student has committed, is committing or is about to commit a violation of Florida Statutes or School Board Rules. No student shall be temporarily detained longer than is reasonably necessary.

2. If, at any time before or after the onset of the temporary detention, a reasonable suspicion arises that the detained student is concealing weapons, stolen goods, illegal substances, mood modifiers or any other prohibited items on his / her person, or within his / her locker, vehicle or other student storage space, an administrative staff member may search the personal property of the student and his / her locker, vehicle or other storage space for the purpose of locating suspected stolen or illegal property. Strip searches of students by School Board personnel are prohibited. Any search of a student's clothes or personal items will be conducted in accordance with applicable federal and state laws.

3. Stolen or illegal property which is seized during a search of the personal property of a student or his / her locker, vehicle or other student storage area shall be given to law enforcement authorities, when appropriate.

4. Each principal shall place a sign, clearly visible to students and in prominent location(s) within the school, which contains the following text:

Notice to Students

School authorities may search student lockers, vehicles or other storage areas upon reasonable suspicion that a prohibited or illegally possessed substance or object is contained within the area. [F.S. 232.256]

5. Metal detectors and trained dogs may be used to screen for prohibited weapons and substances. The following provisions shall apply to canine screening for illegal substances:

a. Canine sniffers shall be used primarily for school purposes to bring disciplinary action against students who are found to be in possession of illegal substances.

b. The Superintendent shall determine whether and at what times the canine sniffers shall be utilized. The principal or designee will be notified each time the canine sniffers are brought on campus.

1) The canine sniffers shall be controlled and directed at all times by qualified handlers from the Sheriff’s Department or local police departments.

2) Sniff screening shall be conducted at the qualified handler’s direction in cooperation with the school’s administrative personnel. Student lockers, vehicle and storage areas may be sniff screened; individual students may not.

3) School administrative personnel shall be responsible for necessary parental notification, student disciplinary action, student due process and public relations related to such screening.

4) Custody, analysis and disposal of the illegal substance shall be the responsibility of law enforcement.

Student Suspension

Suspension, also referred to as out-of-school suspension, is 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 designee, for a period not to exceed ten (10) school days. The student will be released to his/her parents/guardians. Specific homework assignments will be provided to the parent on a timely basis. The principal or administrative designee shall have the right to suspend a student from school for a serious act of misconduct (Level I-IV offense under the Code). For a student with a disability, the principal shall follow the discipline procedures for students with disabilities. The procedure below shall be followed for suspension from school:

1. The student will be told of the charges and the evidence against him or her. In a conference, the student will have an opportunity to respond to the charges and to explain his/her behavior. Except as stated in paragraph 5 below, a suspension shall not be made prior to the conference opportunity.

2. The principal or designee will determine whether the student has committed the misbehavior and, if so, what will be the consequence. If the principal or designee determines that there are sufficient grounds for suspension, then the student will be informed that he/she is being suspended from school and for what length of time. The student will normally be suspended effective at the end of the school day.

3. The principal or designee will make a good faith effort immediately to inform the student’s parent or guardian by telephone of the suspension and the reasons for it and will also send written notice to the student’s parent or guardian within 24 hours of the start of the suspension or on the next regular work day. Delivery will be by U.S. mail and also, if appropriate, by hand. The notice will state the length of the suspension and the reasons for it.

4. A parent and /or student may appeal a suspension decision through the Student Grievance procedure.

5. In an emergency the principal may temporarily suspend a student prior to a conference when, in his/her judgment, the safety or health of students, staff or other persons in the school may be threatened by the continued presence of the student. When temporary suspension is necessary, the principal will inform the parent or guardian by the most rapid means (including telephone). As soon as feasible under the circumstances, the principal shall hold a conference with the student or parents. Following the conference, the principal may formally suspend the student; however, in no case shall the principal’s temporary and formal suspensions exceed ten (10) days for the same offense.

Student Expulsion

Expulsion is the removal of the right and obligation of a student to attend a public school under conditions set by the Board, and for a period of time not to exceed the remainder of the term or school year and one additional year of attendance. The school principal may recommend to the Superintendent the expulsion of any student who has committed a serious breach of conduct, including, but not limited to, willful disobedience, open defiance of authority of a member of his staff, violence against persons or property or any other act which substantially disrupts orderly conduct of the school. For a student with disability, the principal shall follow the expulsion procedures for students with disabilities.

The procedure below shall be followed for expulsions from school:

1. The student will be told of the charges and the evidence against him or her. In a conference, the student will have an opportunity to respond to the charges and to explain his or her behavior. The student may present witnesses to the incident and may question witnesses, so long as the questioning does not threaten, harass or intimidate.

2. The principal will determine whether the student has committed the misbehavior and if so, what will be the consequence. The principal determines that there are sufficient grounds for expulsion, then the student will be informed that he/she is being suspended from school for ten (10) days and that a recommendation for expulsion is being forwarded to the Superintendent. The student will normally be suspended effective at the end of the school day.

4. Upon request, the parent or guardian or the adult student will be given an opportunity for an informal hearing with the principal on the grounds for suspension and the recommendation for expulsion. This opportunity will be provided within 48 hours of the request (excluding Saturday, Sunday and school holidays).

5. Upon receipt of a principal’s recommendation for expulsion, the Superintendent or designee shall make such investigation as deemed necessary. Alternatives to expulsion shall be considered based upon sound educational reasons.

6. If the Superintendent finds a sufficient basis for an expulsion recommendation to the Board, notice of charges and a summary of the factual, legal and policy grounds for the proposed expulsion will be served on the parent. The parent, guardian or adult student may request a hearing on the charges within ten (10) calendar days from receipt of the Superintendent’s notice. Failure to timely request a hearing or failure to appear at a hearing after notice of the date of hearing shall be deemed a waiver of any hearing on the matter. However, upon presentation of good and sufficient reasons for nonappearance, the hearing may be rescheduled at a time convenient to the parties.

7. When Board action on a recommendation for expulsion is pending, the Superintendent may extend the suspension beyond ten (10) school days if such suspension expires before the next regular or special meeting of the Board. The parent or guardian will be informed in writing of any such extension.

8. Hearings will be conducted in accordance with Florida Statutes and the Uniform Rules of Procedure relating to informal administrative hearings, and Policy 5.12.

9. The hearing for expulsion shall be before the School Board.

10. The Superintendent shall notify the parent and student of the Board action.

Suspension From Bus-Riding Privileges

Bus misconduct reports shall be made for student actions which distract the driver, disrupt order on the bus or endanger the health or safety of other students. Misconduct reports shall be referred to the principal for appropriate action, which may include temporary bus suspension, for up to ten (10) school days, or a recommendation to the Superintendent for long-term bus suspension, for more than ten (10) school days.

On recommendation of the Superintendent, the Board may suspend bus riding privileges of students. Long-term suspension of bus privileges shall be based on persistent student misconduct which disrupts order on the bus and endangers the health, safety and welfare of other students riding the bus.

Reassignment to Alternative Education Center (Success Academy)

1. An alternative Dropout Prevention/Disciplinary program is offered for students in grades 6-12 at the Success Academy Alternative Program. Assignment may only be made through approval by the school board. For a student with a disability, the principal shall follow the discipline procedures for students with disabilities.

2. School Board determines eligibility of student to attend Alternative Ed Program during expulsion hearing or at a subsequent hearing on a request, in writing, filed on behalf of the student by the parent. The parent is given a form to request student placement in alternative program at completion of expulsion hearing.

3. Student is enrolled and attends 3 days weekly from 4:00 p.m – 7:00 p.m (9 hours weekly). A written performance contract is signed by student and parent prior to attendance. The Alternative Education Oversight Committee will review any contract violations by the student in the alternative program. Students recommended for removal from the program will be scheduled for a second hearing before the school board to determine the student’s status.

4. Student is tested upon initial enrollment using TABE test to determine areas of weakness.

5. An individual study plan is developed using the results of the TABE test. For students in need of credit recovery, OdysseyWare and PLATO will be used to receive lost credit. The Florida Virtual School will be available for those students who desire to pursue other coursework while in the alternative education program. Credit will be awarded on a performance based method.

6. Students work independently on areas of the plan using both print materials and technology (computer programs).

7. The teacher serves as a facilitator to the student when needed for assistance. Teachers with experience will be recruited to work in the program. Multiple teachers may be used to staff the program.

8. Upon completion of alternative education period or with recommendation from the oversight committee, the student is allowed to enter the Adult Education program (must be 16 years of age or older) to pursue GED or return to high school campus for possible entry into the regular curriculum. For students returning prior to end of alternative placement period, a recommendation will be made to the school board at the next regular or special called meeting.

Student Transfer - Felony Charges

Florida Statutes provides for the transfer to an alternative program of a student enrolled at school who:

* has been formally charged with a felony or with a delinquent act which would be a felony if committed by an adult by a prosecuting attorney, and

* the incident for which he has been formally charged occurred on other than school property, and

* under circumstances in which the student would not already be subject to the rules and regulations of the Hamilton County Schools, and

* the incident would have an adverse impact on the educational program, discipline or welfare of the school in which the student is enrolled.

The following procedures shall be followed if the principal proposes a felony transfer pending determination of the student’s guilt or innocence, or the dismissal of the charge, by a court of competent jurisdiction:

1. Upon receiving proper notice that a student has been formally charged with a felony or with a delinquent act which would be a felony if committed by an adult, the principal shall notify the parent/guardian of the student, in writing, of the specific charges against the student and of the right to a hearing.

2. Such notice shall set a date for the hearing which shall be not less than two (2) school days nor more than five (5) school days from date of postmark or delivery. It shall also advise the parent/guardian of the conditions under which a waiver of discipline may be granted. A hearing can be held without the attendance of the parent/guardian after proper notification.

3. The hearing shall be conducted by the principal and may be attended by the student, the parent/guardian, the student’s representative or counsel, the principal’s designee and any witnesses requested by the student or the principal

4. The student may speak in his or her own defense, may present any evidence indicating his or her eligibility for waiver of disciplinary action and may be questioned on his or her testimony. However, the student shall not be threatened with punishment or later punished for refusal to testify.

5. In conducting the hearing, the principal or designee shall not be bound by rules of evidence or any other courtroom procedure and no transcript of testimony shall be required.

6. Following the hearing, the principal shall provide the student and the parent/guardian with a decision, in writing, as to whether or not student transfer for felony charges will be made and, if so, the effective date of such transfer. In arriving at this decision, the principal shall consider the conditions under which a waiver of discipline may be granted and may grant such a waiver when she or he determines such action to be in the best interests of the school and the student.

7. 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 principal may recommend that the student be expelled. [F.S. 232.26(2); Rule 6A-1.0956, FAC]

SECTION FIVE

GRIEVANCE PROCEDURES FOR STUDENTS AND PARENTS/GUARDIANS

Student Right:

*Students have a right to present a complaint regarding unfair treatment.

Student Responsibility:

*Students have a responsibility to learn and follow procedures for filing complaints.

Grievance procedures are used to handle serious problems when students believe there has been a violation of the code of Student Conduct, including due process. Except in instances where there is a clearly defined procedure other than the one described here, a student grievance may be pursued in order through three levels.

Level I - Informal Discussion: The student or parent/guardian should discuss the grievance with the person responsible for what the student or parent/guardian believes to be unfair treatment under the Code of Student Conduct. The discussion should occur within five (5) school days of the time of the alleged unfair treatment. No grievance will be processed until after such informal discussion. For allegations of discrimination or harassment, the school principal is the first point of contact and the administrative assistant is the second point of contact. If further assistance is needed, the equity coordinator should be contacted. For discrimination or harassment complaints, there is a sixty (60) day time limit for the initial reporting of the incident. Once reported, the district will conduct an investigation and complete the case within twenty (20) days.

Level II - School Principal: If the grievance has not been resolved at the informal level, the parent/guardian and/or student may submit a written Student Grievance to the principal within five (5) school days of the Level I discussion. The principal will have five (5) school days after receipt of the grievance in which to hold a conference and give a written decision.

Level lII - Superintendent’s Office: If the grievance has not been resolved at Level II, the parent/guardian and/or student may, within five (5) school days after receipt of the principal’s decision, submit a written Student Grievance Form to the Superintendent’s Office and the Superintendent or Superintendent’s designee who will review the grievance, and will respond in writing within ten (10) school days after receipt of the grievance form.

The Superintendent or Superintendent’s designee shall coordinate all student grievances under this code.

Appendix A

Elementary Discipline Chart -- Grades K-6

Level I

Level II

Level III

Level IV

Verbal Reprimand

Time Out

Withdraw Privileges

Parent Notified

Counseling

Work Detail/ Restitution

Detention

Behavior Contract

Corporal Punishment

In-School Suspension

Bus Suspension (1-10 Days)

Out-of-School Suspension (1-4 Days)

Out-of-School Suspension (5-9 Days)

Out-of-School Suspension (10 Days)

Recommend Long-Term Bus Suspension

Recommend Alternate Placement

Recommend Expulsion

Dress Code Violation

Tardy

Skipping

Abusive Language

Disorderly Conduct

Harassment

Unsafe Act

Defiant

Computer Misuse

Cheating

Bus Misconduct

Unauthorized Electronic Equipment

Fighting

Theft/Larceny

Vandalism

Sexual Harassment

Trespassing

Smoking/Tobacco

Assault

Burglary/Breaking and Entering

Other Major - Forgery/Extortion, etc.

Sexual Offenses

Alcohol

Battery on Student

Battery on Personnel

Aggravated Battery

Motor Vehicle Theft

■

Kidnapping

■

Robbery

■

Arson

■

Sexual Battery

■

Drugs - First Possession/Transfer/Use

■●

Second Possession/Transfer/Use

■●

●

Selling

■●

●

Weapons - (not guns)

●

Weapons - Firearms/Explosives

■●

●

Weapons - Use

■●

●

Homicide

■●

●

*The principal is authorized to take appropriate action in response to other behaviors not included in this chart. ■ Report to Law Enforcement ● Mandatory Penalty