Marion County Public Schools"Supporting Every Student’s Pathway to Success"

Section 5 - Procedures

ESE/504 Protection Explanation

Students with disabilities (ESE and Section 504) may receive a discipline consequence like their non-disabled peers. However, there are additional protections to ensure the rights of students with disabilities are protected. A Manifestation Determination Review (MDR) is required for school removals of ten (10) consecutive days or a total of ten (10) school days in a school year. The MDR will determine whether the student’s behavior was caused by, or had a direct relationship to, the child's disability, or if the conduct was the result of the failure to implement the IEP. The outcome of the MDR will guide the next steps in completing the process. This protection applies to in-school suspension, out-of-school suspension, positive alternative to school suspension, alternative placement, and expulsion.

In-School Suspension: Process and Appeal

In-School Suspension (ISS) is a disciplinary action where a student is removed from their regular classes for up to ten (10) school days but remains on school grounds in a designated area. The student is required to complete schoolwork and follow school rules while under supervision.

Step 1: Informing the Student

· The principal or their designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story (Due Process)

· The student has the right to explain their side of the situation and provide any eyewitnesses who observed what happened.

Step 3: Informing Parents and the Superintendent

· The principal or their designee will contact the student’s parent immediately to explain the in-school suspension.

Step 4: Appealing the Suspension

· If the parent disagrees with the in-school suspension, they may request a meeting with the principal within three (3) school days. The principal’s decision is final.

Step 5: Returning to Class

· A student may receive 100% credit for work that is appropriately completed and turned in within one (1) day for each day of absence except in the case of extenuating circumstances.

Out-of-School Suspension: Process and Appeal

Out-of-School Suspension (OSS) 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 their designee, for a period not to exceed ten (10) school days. Students suspended out-of-school may not enter or remain on any public school property during the school day or at any time or place, including, but not necessarily limited to, school-sponsored events, field trips, athletic functions, or other activities where school personnel have jurisdiction over students. Violations may result in a Level 3 Offense-Trespassing as outlined in the Code, and/or a trespassing charge from local law enforcement.

Step 1: Informing the Student

· The principal or their designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story (Due Process)

· The student has the right to explain their side of the situation and provide any eyewitnesses who observed what happened.

Step 3: Informing Parents and the Superintendent

· The principal or their designee will promptly inform the parent of the suspension, followed by written notice stating the reason and duration. The suspension will also be reported to the Superintendent or their designee.

Step 4: Appealing the Suspension

· If the parent disagrees with the suspension, they may request a meeting with the principal within three (3) school days. The principal’s decision is final.

Step 5: Returning to School

· A suspension is considered an unexcused absence, but a student may receive 100% credit for work that is appropriately completed and turned in within one (1) day for each day of absence except in the case of extenuating circumstances.

Suspension from Transportation Privileges: Process and Appeal

A transportation suspension means a student loses the privilege to ride the school bus for up to ten (10) school days due to misconduct on the bus or at the bus stop with the bus present. Parents must provide transportation to and from school during this time to avoid unexcused absences.

Step 1: Informing the Student

· The principal or their designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story (Due Process)

· The student has the right to explain their side of the situation and provide any eyewitnesses who observed what happened.

Step 3: Informing Parents

Step 4: Parent Conference and Appeal

· If the parent disagrees with the suspension, they may request a meeting with the principal within three (3) days. The principal’s decision is final.

Step 5: Extended Bus Suspensions

· If a student receives three (3) bus suspensions in one (1) school year, or if their behavior is severe, the principal or their designee may request a longer bus suspension through the Superintendent and School Board.

· If the suspension is longer than ten (10) days, the case will follow the same process as alternative placements for discipline.

Positive Alternative to School Suspension (PASS): Process and Appeal

Positive Alternative to School Suspension (PASS) PASS is a program that allows students to serve their suspension for up to ten (10) school days at a designated PASS location instead of remaining at home. Parents must provide transportation to and from the assigned school unless the principal or their designee grants permission for the student to ride the bus while assigned to PASS at their base school. Students assigned to PASS may not enter or remain on any public school property other than their designated PASS location during the school day or any other time or place, including, but not necessarily limited to, school-sponsored events, field trips, athletic functions, and other activities where school personnel have jurisdiction over students. Violations may result in a Level 3 Offense - Trespassing as outlined in the Code, and/or a trespassing charge from local law enforcement.

Step 1: Informing the Student

· The principal or their designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story (Due Process)

· The student has the right to explain their side of the situation and provide any eyewitnesses who observed what happened.

Step 3: Informing Parents and the Superintendent

· The principal or their designee will promptly contact the parent to explain the suspension and offer the PASS option, which requires the parent to provide transportation. A formal written notice with the suspension details will follow by mail, email, or another agreed method. The suspension will also be reported to the Superintendent or their designee.

Step 4: Parent Conference and Appeal

· If the parent disagrees with the suspension, they may request a meeting with the principal within three (3) days. The principal’s decision is final.

Step 5: Attending PASS

· If the parent chooses PASS, the student must attend the designated school each day of the suspension, follow all school rules, and complete assigned schoolwork in order to avoid an unexcused absence.

Alternative Placement: Process and Appeal

Alternative Placement is when a student is removed from their base school due to serious misconduct. The length of an alternative placement is typically the remainder of the current grading quarter plus the following quarter. Before returning to their base school, the student must meet the criteria outlined in the Return to Base Eligibility process. The decision to return is made by the alternative school principal based on the student’s progress and readiness.

Step 1: Informing the Student

· The principal or their designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story (Due Process)

· The student has the right to explain their side of the situation and provide any eyewitnesses who observed what happened.

Step 3: Informing Parents and the Superintendent

· The principal or their designee will contact the parent immediately to explain the suspension and the recommendation for alternative placement.

· The principal or their designee will send formal written notice to the student's parent by U.S. mail, email, delivery by the student, or another method agreed to by the parent, informing of the length of the suspension and the reason for the disciplinary action.

· A written notice will be sent to the Superintendent or their designee within 24 hours.

Step 4: Parent Conference and Appeal

· If the parent disagrees with the suspension and/or alternative placement, they may request a meeting with the principal within three (3) school days of receiving the initial notification.

· The principal will review the evidence and has the final decision on the recommendation.

Step 5: Alternative School Assignment

· The District will review the recommendation and make a determination regarding placement.

· The District will assign the student to an alternative school.

· The principal or their designee will notify the parent of the placement details.

· The parent is expected to schedule an intake appointment with the alternative school within 48 hours of the placement notification.

Step 6: Appealing Alternative Placement Procedures

· The parent may request an appeal of the recommending school’s alternative placement procedure only.

· This request must be made to the Coordinator of Student Discipline within five (5) school days of the principal’s final decision.

· If the alternative placement is overturned due to a procedural error, the student discipline coordinator, base school principal or their designee, parent, and student will collaborate to create a success plan to support the student’s return.

Step 7: During Alternative Placement:

· Students may not attend extracurricular activities at their base school or any other school in the district.

· The student may participate in extracurricular events only at their assigned alternative school.

· If a student’s alternative placement duration would be complete at the end of the fourth quarter and the student has met all graduation requirements, the student may request with the base school principal to participate in the graduation ceremony. The final decision rests with the base school principal.

Felony Transfer: Step-by-Step Process

Felony Transfer occurs when a student is formally charged with a felony (or an offense that would be a felony if committed by an adult) outside of school property and their presence at school is determined to have an adverse impact on the school environment. The student may be transferred to an alternative education program until their legal case is resolved.

Step 1: Confirming Formal Charges

· The District is notified of a student’s felony arrest and the formal charges are verified. Depending on the charge, the Coordinator of Student Discipline may approve an emergency transfer on a case-by-case basis.

Step 2: Principal’s Decision on Transfer

· The principal or their designee will decide if the student’s return to their base school after the arrest would negatively affect the school’s learning environment, discipline, or safety.

· If the principal or their designee decides to recommend a felony transfer, they must notify the parent in writing, explaining:

· The recommendation for transfer until the court determines guilt, innocence, or dismisses the charges.

· The specific charges against the student.

· The right to an administrative hearing before the transfer is finalized.

Step 3: Felony Transfer Administrative Hearing

· The principal or their designee will schedule a hearing within two (2) to five (5) school days from the date of the written notice. The administrative hearing is not to decide guilt or innocence but to determine if the charges have an adverse affect on the school’s educational environment and safety.

· The hearing is conducted by the principal and may be attended by:

· District personnel

· The student

· The parent

· The student’s representative or attorney

· Any witnesses requested by the student or school

· The student has the right to:

· Refuse to speak or provide information

· Speak in their own defense

· Present evidence

· Call witnesses

· The hearing does not follow strict courtroom procedures, and no transcript is required.

Step 4: Principal’s Decision and Transfer

· After the hearing, the principal will provide a written decision to the student and parent.

· If a transfer is recommended, the student will be suspended for no more than ten (10) days pending the Felony Transfer Recommendation review by the District.

Step 5: District Review and Final Placement Decision

· The District will review the principal’s recommendation and determine whether the felony transfer is appropriate.

· The District’s decision will confirm the initial duration and location of the placement.

Step 6: Legal Outcome and Further Action

· If the student is found guilty in a court of law, the Superintendent or their designee may recommend expulsion or continued alternative placement.

Step 7: Parent Responsibility for Court Updates

· If at any time throughout this process the student’s charges are downgraded or dropped, the parent must provide court documents to the Coordinator of Student Discipline. At that time, the student will return to the base school.

Expulsion: Step-by-Step Process and Appeal

Expulsion is the removal of a student from their base school for a minimum of one (1) year due to a serious violation of the Code. Only the School Board can approve an expulsion, following a recommendation from the Superintendent or their designee after a ten (10) day suspension.

Expelled students may not enter or remain on any public school property, other than their assigned alternative school if applicable, during the school day or any other time or place, including, but not necessarily limited to, school-sponsored events, field trips, athletic functions, and other activities where school personnel have jurisdiction over students. Violations may result in additional disciplinary action as outlined in the Code, and/or a trespassing charge from local law enforcement.

Step 1: Informing the Student

· The principal or their designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story (Due Process)

· The student has the right to explain their side of the situation and provide any eyewitnesses who observed what happened.

Step 3: Principal’s Decision on Expulsion

· The principal or their designee will review the facts and determine if the student is in violation of the Code.

· If the principal recommends expulsion, the student will receive a ten (10) day suspension, and the case will be sent to the Superintendent or their designee for review.

· The principal's recommendation will include:

· A detailed explanation of the incident.

· The student’s attendance, academic, and disciplinary records.

· Any alternative measures taken before recommending expulsion.

Step 4: Informing Parents and the Superintendent

· The principal or their designee will contact the parent immediately to explain the ten (10) day suspension and the recommendation for expulsion. If the school cannot reach the parent before the suspension starts, they will continue to make reasonable efforts to establish contact.

· A written notice will be sent to the Superintendent or their designee within 24 hours.

Step 5: Superintendent’s Review

· The recommendation is subject to review by the Expulsion Review Committee (ERC) prior to proceeding to the Superintendent or their designee.

· The Superintendent or their designee will review the ERC’s expulsion recommendation.

· If the Superintendent or their designee elects to proceed with the recommendation to the School Board, and the ten (10) day suspension ends before the next School Board meeting, the Superintendent or their designee may extend the suspension until the meeting occurs.

· During this time, the Superintendent or their designee may:

· Assign the student to an alternative program.

· Continue the suspension.

Step 6: Expulsion Hearing Request ** See Hearing Designations and Processes on Page 42 **

· If the parent wishes to challenge the expulsion recommendation, they must complete and submit the Petition for Due Process which is included in the certified letter mailed to the address on record in Skyward.

· The completed Petition for Due Process must be received by the Coordinator of Student Discipline prior to the deadline as specified in the certified letter.

· The parent will receive information outlining the next steps in the process, based on whether they choose to dispute the facts of the incident or dispute the consequences of the expulsion recommendation.

· If the parent does not submit the Petition for Due Process by the specified deadline, the School Board will proceed with the expulsion as though the parent has consented.

Step 7: School Board Decision on Expulsion

· After hearing the case, the School Board will decide whether the student should be expelled and, if so, the duration of the expulsion.

· Expulsions can last for:

· A minimum of one full school year.

· Expulsion terms are subject to Return to Base requirements.

Step 8: Restrictions During Expulsion

· Expelled students may not attend extracurricular activities at their base school or any other school in the district.

· If assigned to an alternative school, students may participate in activities only at that school.

Zero-Tolerance Expulsions

Marion County Public Schools has zero tolerance for serious threats or acts of violence that place students and staff in fear or danger. This policy is designed to protect the safety of everyone on campus and applies equally to all students. It is not used for minor or everyday misbehavior. Board Policy 5500

The following serious offenses will result in immediate action:

· Possessing a firearm at school (including school events or on the school bus) as defined in Fla. Stat. §790.115 and Fla. Stat. §790.001.

· Making a false report or threat as defined in Fla. Stat. §790.162 and Fla. Stat. §790.163.

Students who commit these violations will be expelled for a minimum of one (1) calendar year and referred to mental health services and law enforcement. Before the expiration of the expulsion period, the Superintendent or their designee shall determine, based upon the assessment of the threat management team, whether the expulsion period should be extended and, if so, what educational services will be provided. A recommendation to extend the expulsion period must be provided to the student and their parent in accordance with Fla. Stat. §1006.08.

The Superintendent or their designee may recommend an alternative placement, subject to School Board approval.

Students with disabilities will be disciplined in accordance with applicable laws. Students with disabilities will receive additional protections, including a Manifestation Determination Review if the expulsion is considered a change of placement longer than ten (10) school days.

The District collaborates with law enforcement to report acts that threaten school safety.

Hearing Designations and Processes

If a parent requests to dispute the facts of the incident that led to the expulsion recommendation, the matter proceeds as a formal court hearing with the Division of Administrative Hearings (DOAH).

· The case will be assigned to an administrative law judge.

· All parties may engage in discovery. Parties, pursuant to the rules of evidence, may:

· Present witnesses and evidence

· Cross-examine witnesses

· Based on the evidence presented, the judge provides a recommendation. The School Board considers this recommendation and issues the final decision.

If a parent requests to dispute the consequence of the expulsion recommendation, the hearing is conducted before the School Board.

· The Superintendent or their designee will present a summary of the case and consequences.

· The parent or student may present mitigating evidence explaining why the recommended consequence is inappropriate.

· The School Board will consider the evidence when determining if the consequence should be mitigated.

· The School Board issues the final decision regarding the consequence.

Early Re-Entry Process for Expelled Students

Early Re-Entry is a privilege, not a right, that allows an expelled student to return to their base school before their expulsion term has ended. Upon the recommendation of the Superintendent or their designee, the School Board may approve Early Re-Entry.

· Students must remain in an approved alternative program for at least two full grading quarters before requesting early re-entry.

· Home education students must have their home school portfolio reviewed and approved by a certified teacher through the MCPS Home Education Department.

Informing Parents of the Early Re-Entry Opportunity

When parents receive the executed Order of Expulsion from the School Board, delivered via certified mail to the address on record in Skyward, they will also be informed of the possibility of early re-entry and the eligibility requirements for consideration.

· Parents must initiate the process by requesting a meeting with the Coordinator of Student Discipline.

Return to Base School Eligibility Process

Students who have been alternatively placed or expelled and assigned to an alternative program may be eligible to return to their base school at the end of their designated placement period. Eligibility is determined based on the student’s grades, attendance, and behavior while enrolled in the alternative school.

Students who choose virtual school or home education instead of attending the assigned alternative school must still meet eligibility criteria before being permitted to return to their base school.

· The student must:

· Maintain academic progress

· Follow attendance expectations

· Have no documented Level 3 or 4 behavioral violations

· The District will review the student’s progress before approving a return to their base school.

Violations While in Alternative Placement or Expelled to an Alternative School

Students who have been alternatively placed or expelled and assigned to an alternative school are expected to comply with the Code. If a student commits a serious violation (a Level 3 or 4 infraction) while in an alternative setting, the student may be expelled with educational services provided off school property.