2005-2006 Code of Student Conduct
INTRODUCTION

 

A goal of the Okaloosa County School District is to encourage and to assist each student in developing his/her individual talents.  In order to accomplish these purposes, it is necessary that the school environment be free of disruptions that interfere with teaching and learning activities.  The student’s conduct determines, to a great extent, his/her potential in the development of individual talents.  The purpose of this document, which is required by Florida Statute 1006.07(2), is to assist students, parents, teachers and school administrators in specific areas relative to:

1. Grounds for Disciplinary Action
2. Responsible Students Make a Difference
3. Procedures to be Followed in Disciplinary Actions
4. Informal Disciplinary Actions
5. Formal Disciplinary Actions
6. Alternative Educational Setting
7. Student Rights and Responsibilities
8. Conduct on School Buses and at Bus Stops
9. Related School Board Policies

 

 

A)  GROUNDS FOR DISCIPLINARY ACTIONS

All procedures outlined in this code apply to all students in grades K-12.  The Code of Student Conduct contains a list of specific grounds for disciplinary actions, which are as follows:

1.      General school or classroom disruptions (misconduct which is detrimental to the ongoing process of education)

2.      Tardiness, skipping and truancy

3.      Misconduct on the school bus or at a school bus stop

4.      Disobedience or disrespect toward school staff or officials

5.      Use of profane or obscene language

6.      Gambling

7.      Fighting

8.      Extortion or stealing

9.      Possession and/or use of:

1. Tobacco products*
2. Alcoholic beverages, controlled substances (drugs), counterfeit controlled substances, inhalants, or drug paraphernalia
3. Electronic communication devices (cellular telephones, pagers, beepers, etc.)
4. Weapons

10.  Threatening students or school staff

11.  Defacing school property (vandalism)

12.  Violence against other students or school personnel

13.  Violation of sexual harassment policy

14.  Making a bomb threat

15.  Violation of transportation policies

It should be pointed out, however, that this list is not all-inclusive and, as such, a student committing an act of misconduct not listed will nevertheless be subject to the

discretionary authority of the principal or his/her designee. Certain actions may require the involvement of law enforcement agencies.

*Florida Statute 386.212 - It is unlawful for anyone under the age of 18 to smoke tobacco in, on, or within 1,000 feet of a public or private elementary, middle, or secondary school between the hours of 6:00 a.m. and midnight.  This statute authorizes law enforcement officers to issue citations to anyone violating the provisions of this act.

 

B)  RESPONSIBLE STUDENTS MAKE A DIFFERENCE

Cooperative relationships among students, parents and the school staff will aid in preventing misconduct.  Each party’s responsibilities are outlined as follows:

Florida Statute 1003.04

(1)  Each public K-12 student must remain in attendance throughout the school year, unless excused by the school for illness or other good cause, and must comply fully with the school’s code of conduct.

(2)  The parent of each public K-12 student must cooperate with the authority of the student’s district school board, superintendent, principal, teachers, and school bus drivers, according to ss. 1003.31 and 1003.32, to remove the student from the classroom and the school bus and, when appropriate and available, to place the student in an alternative educational setting, if the student is disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive.

 

PARENTS/GUARDIANS

1. Maintain regular communication with the school concerning their child’s conduct and progress.

2.                  Make efforts to insure that their child is in daily attendance; report and explain any absence to the school.

3.                  Provide their child with the resources needed to complete class work.

4.         Assist their child in being well groomed and clean.

5.                  Bring to the attention of school authorities any problem or condition which affects their child in the school community.

6.                  Discuss report cards and work assignments with their child.

7.                  Care for their child’s physical well-being.

STUDENTS

1. Attend all classes daily and on time.

2. Be prepared for class with proper materials.

3. Be respectful to all individuals and property.

4. Conduct themselves in a safe and responsible manner.

5. Be well groomed and clean.

6. Be responsible for their own work.

7. Abide by all rules and regulations set forth by the school and individual classroom teacher.

SCHOOL STAFF

1. Maintain an atmosphere conducive to learning.

 

H)  CONDUCT ON SCHOOL BUSES AND AT BUS STOPS

Violation of School Board transportation policies, including disruptive behavior on a school bus or at a school bus stop, is grounds for suspension of the student’s privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed.  The principal shall assume responsibility for student behavior on the school bus.  Students are under the principal’s authority from the time they get on the bus in the morning until they get off at their home stop after school.  Any student who persists in disorderly conduct shall be reported to the principal of the school he/she attends.

School Bus Rules

1.      Observe the same conduct as in the classroom.

2.      Be courteous; use no profane language.

3.      Do not eat or drink on the bus.

4.      Keep the bus clean.

5.      Cooperate with the bus driver.

6.      Do not smoke.

7.      Do not be destructive.

8.      Stay in your seat.

9.      Keep head, hands, and feet inside the bus.

10.  Bus driver is authorized to assign seats

Bus Stop Rules

Bus stop misconduct, which is observed by a School District employee, shall be handled by the principal in the same manner as misconduct incidents on the bus.

 

I) RELATED SCHOOL BOARD POLICIES  

The rules adopted by the School Board, as well as administrative regulations which pertain to student control and discipline, are found in the Guidebook of Policies and Procedures. These rules are available in schools and district offices. A summary of these rules is contained in each school’s student handbook.

 

THE SCHOOL DISTRICT OF OKALOOSA COUNTY

120 Lowery Place, S.E. , Fort Walton Beach, Florida 32548

ADHERES TO POLICY WHICH PROHIBITS

SEXUAL HARASSMENT: Sexual Harassment by an employee or student to another individual (student or adult) is strictly prohibited by School Board Policies 4-34 and 6-28.  Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1.   submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, educational success, or participation in school related activities, or

2.  submission to or  rejection of such conduct by an individual is used as the basis for employment/educational decisions affecting such individual, or

3.  such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, participation in school and school related activities, or creating an intimidating, hostile, or offensive working or educational environment.

DISCRIMINATION

Adults:  School Board Policy 6-27 prohibits discrimination on the basis of:

- Race                                - Age

- Sex                                  - Religious Belief(s)

- Color                               - Marital Status

- National or Ethnic Origin

- Disability against applicants, volunteers, employees or contractors.

Students:  School Board Policy 4-34 and State Board Rule 6B-1.006 prohibits discrimination against students and/or the opportunity to participate in appropriate programs, services and activities on the basis of race, color, religion, sex, age, national or ethnic, origin, political beliefs, marital status, parenthood, pregnancy, disability, sexual orientation, or social and family background.

Complaint Procedures:

If an adult needs to report an alleged violation of these policies, an informal Equity Complaint should be made to a principal or department director.  If the situation cannot be resolved informally, a Formal Equity Grievance (MIS 5139, REV 10/00), in compliance with School Board Policy 6-29, should be directed to the Superintendent‘s designee listed below.  Employees have the option of filing a grievance through appropriate Master Contract procedures in lieu of the Formal Equity Grievance.)

 

If a student needs assistance with a situation involving these policies, a Student Equity Complaint should be filed in writing (MIS 2083) and submitted to a teacher, guidance counselor, or an administrator at the school or to the District contact listed below.

 

In accordance with Board Policy and state law, the offenses may also warrant a recommendation for expulsion. It should be pointed out, however, that this list is not all-inclusive, and as such, a student committing an act of misconduct not listed will nevertheless be subject to the discretionary authority of the principal and/or designee.

Committing offenses numbered 1 through 9 above may also result in criminal penalties. The offenses numbered in items 1-9 require at a minimum:

Ten (10) days suspension and an appearance by the parents and student before the Superintendent’s representative.  No suspension shall be imposed by the principal for more than ten (10) days for any offense. The Superintendent or his/her designee may extend a suspension assigned by the principal beyond the ten (10) school days, if:

1. Such suspension period expires before the next regular or special meeting of the School Board or,

2. When Board action on a recommendation for expulsion of the student is pending.

If a student is suspended, the school must notify parents in writing (and, if possible, by phone) stating the reason for suspension, the length of suspension and the date the student may return to school. One copy of the suspension letter is kept in the student’s disciplinary folder and one copy is kept in the office of the Superintendent or his/her designee.  Any student who is under suspension or expulsion from the Okaloosa County School System shall not be allowed to attend a school-sponsored activity or function, nor be allowed on school property for the duration of the suspension or expulsion.  (Notice: The possession or sale of: a) controlled substances, as defined in Chapter 893 F.S.; or b) weapons, as defined in Chapter 790 of F.S. is grounds for suspension, expulsion, or imposition of other disciplinary action.  Possession of a firearm, knife, weapon, or an item that can be used as a weapon on school property is grounds for disciplinary action and can result in criminal penalties being imposed.  The use of a wireless communications device by any student, to commit a criminal act, while such student is upon school property or in attendance at a school function is grounds for disciplinary action and can result in criminal penalties being imposed.)

 

Florida Statute 893.13 (e) - It is unlawful for any person to sell, purchase, manufacture, or deliver; or to possess with intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to:

1.   A controlled substance named or described in

       893.03  (1) (a), (1) (b), (1) (d), (2) (a) (b) or (2) (c) 4

       commits a felony of the second degree.

or

2.   A controlled substance named or described in

893.03  (1)(c), (2)(c)1, (2)(c)2, (2)(c)3, (2)(c)5,

 

(2)(c)7, (2)(c)8, (2)(c)9., (3), or (4) commits a felony of the third degree.

Florida Statute 1006.09 (9) - A student’s locker or other storage area is subject to search, upon reasonable suspicion, for prohibited or illegally possessed substances or objects.

Expulsion - Expulsion is the removal of the right to attend public school. Expulsion can be for the remainder of the present school year plus the ensuing school year.  Any principal who feels that expulsion of a pupil is required shall so recommend to the Superintendent in writing, stating the charges against the pupil in detail. The statement shall include information contained within the student’s disciplinary folder while enrolled in the Okaloosa County School System. Upon receipt of such recommendation, the Superintendent shall:

1. Give written notice of the charges (which, if proven, would justify expulsion under the regulations of the Board) to the parent or guardian by certified mail, return receipt requested.

2. Give written notice of a hearing date that will provide sufficient time for the pupil to prepare and present his/her defense against the charges and/or be represented by legal counsel. Before the expulsion of any student, the Superintendent’s representative must prepare a written recommendation for the expulsion of the student. This recommendation must be submitted to the Superintendent prior to the School Board meeting. If a student is expelled and he/she is subject to the Compulsory Attendance Law, then a copy of the recommendation and Board action must be submitted to the designated Circuit Judge’s office.

 

ZERO TOLERANCE FOR SCHOOL  RELATED VIOLENT CRIME

Students found to have committed the following offenses on school property, on school-sponsored transportation, or during a school-sponsored activity will warrant a recommendation for expulsion and will be reported to the local law enforcement agency.

1.    Homicide (murder, manslaughter)

2.    Sexual battery   

3.    Armed robbery

4.      Aggravated assault

5.      Assault or aggravated assault on a teacher or other school personnel

6.      Aggravated battery

7.      Battery or aggravated battery on a teacher or other school personnel

8.    Kidnapping or abduction

9.    Arson

10.  Possession, use, or sale of any firearm*

11.  Possession, use, or sale of any explosive device

12.   Making a destructive device/bomb threat (as defined in Florida Statute 790.001)

13.   Sale, distribution, possession, use of, or under the influence of a controlled substance – (School Board Policy 4-33-D)

14.  Possession with the intent to sell, dispense, or deliver a prescription drug or other controlled substance

15.   Use of a weapon – (School Board Policy 4-33-E)

* The Gun-Free Schools Act of 1994, Public Law 103-382, mandated a minimum expulsion for one full calendar year for any student that brings a weapon to school.

FLORIDA STATUTE 1006.09(2)  Suspension proceedings may be initiated against any pupil enrolled as a student who is formally charged with a felony, or with a delinquent act that would be a felony if committed by an adult, by a proper prosecuting attorney for an incident which allegedly occurred on property other than public school property, if that incident is shown to have an adverse impact on the educational program, discipline, or welfare in the school in which the student is enrolled.

FLORIDA STATUTE 1006.13(5)  Students, who have plead “guilty” or nolo contendere, or who have been adjudicated guilty or delinquent, or found to have committed certain felonies, regardless of whether adjudication was withheld, are prohibited from attending the same school or riding the same school bus with the victim or sibling of the victim of the felony offense.

FLORIDA STATUTE 1006.07(2)(k) Any student who is determined to have made a threat or false report, as defined by ss.790.162 and 790.163, respectively, involving school or school personnel’s property, school transportation, or a school-sponsored activity will be expelled from the student’s regular school for a period of not less than 1 full year and referred for criminal prosecution.   

                          

F)  ALTERNATIVE EDUCATION SETTING

Eligibility for enrollment in the Program:

1. Student has been expelled or incarcerated and is returning to school.

2. Student has been referred by a public school principal or the superintendent’s representative for serious violations of the Code of Student Conduct.

3. Student has been charged with a felony offense and has been referred by a school principal or the Superintendent’s representative.

4. Student has been unable to benefit from alternative strategies and continues to be a disruptive influence.

5. Student has been habitually truant and academically delayed.

6. Student has been previously served at an alternative school.

 

G)  STUDENT RIGHTS AND RESPONSIBILITIES

While student rights and responsibilities allow for growth and development of the individual, nowhere is it stated or even implied in this document, that the school relinquishes its authority and responsibility. Within every school, the principal has the responsibility and authority for maintaining an orderly educational process.  Students have rights and responsibilities relative to the knowledge and observation of school and School Board rules; attendance; respect for persons and property; assembly and free speech; and student publications. 

Search and Seizures- A student’s locker, vehicle, purse, backpack, and other personal possessions can be searched if there is a reasonable belief any of them contain drugs, weapons, contraband, or other items not permitted on campus.  Trained sniff-screening dogs are allowed in the schools to prevent drugs and weapons at school.  The routine checks by the dogs are not considered a search by law.  They are safety preventions to give students a safe and healthy school in which to learn.

 

Disabled Students - Policies and procedures regarding discipline of disabled students are documented in the Special Program and Procedures for Exceptional Students and the Section 504 Plan for Okaloosa County. Copies may be obtained from the District Office, 120 Lowery Place, Fort Walton Beach, Florida 32548 or by telephone 850-833-3100.

 EQUITY POLICY FOR STUDENTS – (School Board Policy 4-34)

A. It is the policy of the School Board of Okaloosa County to provide programs, services and activities without regard to race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, parenthood, pregnancy, disability, sexual orientation, or social and family background.

B.  Students, while they are in school or participating in school-related activities, are entitled to an environment free of discrimination and/or harassment by other students or adult employees or volunteers, or persons with whom the district contracts for services.  Students should not be subjected to, nor should they subject others to:

 

  1. Slurs or innuendoes or verbal or physical conduct reflecting on an individual’s race, ethic background, gender or handicapping condition which has the purpose or effect of creating an intimidating, hostile or offensive educational environment; has the purpose or effect of unreasonably interfering with the individual’s school performance or participation; or otherwise adversely affects an individual’s educational opportunities.

    2. The denial or provision of aid, benefits, grades, rewards, faculty assistance services, or treatment on the basis of sexual advances or requests for sexual favors.

 3. Sexual advances, requests for sexual favors, and other  verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s educational career; submission to or rejection of such conduct is used as a basis for educational decisions affecting the individual; or such conduct

     has the  purpose or effect of unreasonably interfering with an individual’s educational performance or creating an intimidating, hostile or offensive educational environment.

C. In determining whether alleged conduct constitutes harassment or discrimination the totality of the circumstances, the nature of the conduct, and the context in which the alleged conduct occurred will be investigated.  The investigation may appropriately be expanded to include other acts whenever violation appears to exist based on information received during the investigation.  Additionally, the period of investigation will cover as much time as necessary to obtain sufficient evidence to make a findings on the merits, or if the alleged violation could constitute a continuing violation or a pattern or practice of discrimination, and/or in order to determine the extent of a violation and fashion appropriate remedial relief.

D. Students shall be informed of the appropriate procedure to report violations of this policy in the Code of Student Conduct and by school personnel.

E. In any case which involves initial reporting of alleged sexual harassment, nothing in this policy or in any other policy or procedure shall require the individual alleging sexual harassment to present the matter to the person who is the subject of the complaint.

F. Reporting harassment or discrimination will not affect the student’s status, participation in extracurricular activities, future grades or work assignments with the exception of (I) below.  Any form of retaliation against any individual involved in an investigation of alleged violations of Equity Policies or other Board Policies, including, but not limited to complainants/grievant, charged parties, witnesses, is strictly prohibited.  Complaints of retaliation are filed via the process names herein.

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

H. A substantiated charge against a student shall subject that student to    disciplinary action including, but not limited to, suspension or expulsion.

I.  A substantiated case of a false claim in which a student willfully, intentionally, and in bad faith wrongfully accuses another student or adult, shall result in disciplinary action.

J.   Implementing Procedures:

1.  Students should report complaints pertaining to the Okaloosa  School District’s Equity Policy to a teacher, the principal, or to the principal’s administrative designee in charge of the school’s discipline office.  The District’s Equity Policy Coordinator will be immediately notified by the school’s administrative staff when a complaint is filed.

2. Students who do not think their complaints have been adequately resolved may file a formal complaint by completing MIS 2083, Equity Complaint Form-Student in the school’s discipline office. 

The Complaint form must be filed within forty-five (45) calendar days of the date the student knew or should have known of the

     event(s) giving rise to the alleged violation.

3. Each teacher who receives a complaint from a student pertaining to the district’s Equity Policy shall forward that complaint to the principal or the principal’s designee.  If the principal is the subject of the complaint, the teacher shall report to the Superintendent or his/her designee.

4.  Except as otherwise provided in this policy, the school’s administrative staff, with the assistance of the District’s Equity Policy Coordinator, will investigate all complaints filed by students on the Equity Complaint form using the procedures set forth in Step I of School Board Policy 6-29.  The principal and equity coordinator may choose to select a committee to assist in the investigation of formal student-to-student complaints.  The committee shall serve for a school year.  Members may be added as the need arises.  Training shall be provided for committee members.

5. Formal complaints involving student-to-student include, but are not necessarily limited to, rape, attempted rape, threats of physical violence, repeated harassment or discrimination, or any complaint that cannot be resolved by the teacher.

6. Formal complaints involving adult-to-student include any action of a sexual nature or any action that denies a student access to education opportunities on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, parenthood, pregnancy, disability, sexual orientation, or social and family background.   

7. If the complaint is not successfully resolved at the school level, the student or parent may file a written appeal to the Superintendent or his/her designee within ten (10) calendar days of receipt of the disposition by the administrative staff.  The Superintendent or his/her designee will follow the procedures set forth in Step II of School Board Policy 6-29.

 

2. Exhibit an attitude of respect for students and parents.

3. Plan a flexible curriculum to meet the needs of all students.

4. Maintain an open line of communication between themselves, students and parents.

 

C)  PROCEDURES TO BE FOLLOWED IN      DISCIPLINARY ACTIONS

In the application of disciplinary actions, it is important to note that students have the right to:

1.      Know what the charges are against them.

2.      Give an explanation in their own defense.

3.      Be informed of the discipline they will receive from the misconduct or violations of the Code of Student Conduct.

All formal disciplinary actions by a teacher and/or an administrator will be logged.  Informal disciplinary actions may be logged at the discretion of the teacher and/or administrator.

 

D) INFORMAL DISCIPLINARY ACTIONS

Teachers and administrators strive to use a variety of informal disciplinary steps prior to formal disciplinary action.  Of course, it must be understood that the type of disciplinary action taken depends greatly upon the offense committed.

 

E) FORMAL DISCIPLINARY ACTIONS

Detention Hall - A school may elect to provide a detention hall for certain conduct.  This could be used before school or after school.  A maximum of ten (10) days of detention hall may be assigned for any one conduct problem.  It should be noted that because of problems with transportation, detention halls might not be offered in all schools.

Saturday Detention - A school may elect to provide detention on Saturday for certain conduct infractions. This will not be offered at all schools.  Saturday Detention will be held for up to a three (3) hour period.  Transportation will be the responsibility of the student.

Withdrawing Privileges in Extracurricular Activities - A school may elect to suspend privileges to participate in extracurricular activities, including ceremonies, for a definitive period of time.  Parents must be notified of this action.

Work Assignment - A school may elect to provide the student an opportunity to perform supervised activities related to the upkeep and maintenance of school facilities.  This alternative is not to exceed ten (10) hours of work.

Corporal Punishment - Corporal punishment is prohibited in Okaloosa County public schools unless or until a student’s parent or legal guardian submits MIS Form 5239, which has been signed and either notarized or witnessed by a school official.  By completing MIS5239, the parent requests and permits the principal or his/her designee to administer corporal punishment.  Corporal punishment will be administered only by the principal or by a member of the school administration or instructional staff as designated by the principal.  When corporal punishment is administered, another adult employee of the school must be present as a witness.  All corporal punishment shall be administered in the principal’s office, assistant principal’s office, or at a place designated by the principal.

Time Out - A student who is constantly disruptive within the classroom may be excluded from an individual class for a short period of time by the classroom teacher or principal.

In-School Suspension - A student may be excluded from class for a set period of time. In-school suspension would result from violation of The Code of Student Conduct. This method of discipline may be used in place of out-of-school suspension. The student reports to school each day and goes to his/her assigned area.

Removal by Teacher - Florida Statute 1003.32(4)- A teacher may remove from class a student:

1. Who has been documented by the teacher to repeatedly interfere with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn; or

2. Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn.

Suspension - A principal may suspend a pupil for serious breach of conduct.  Suspension offenses include, but are not limited to, the following:

1.   Possession and/or use of or under the influence of alcoholic beverages, controlled substances (drugs), counterfeit controlled substances, inhalants, or drug paraphernalia

2.   Weapons offenses as defined by School Board Policy

3.   Violence against school personnel or other students

4.   Violation of sexual harassment policy

5.   Hazing