Section 6 - Notices

Bus Conduct

It is a privilege to ride a school bus, not a right. Marion County Public Schools policy prohibits students from riding any bus other than their assigned bus. Students may only get on or get off the bus at their assigned bus stop. For the safety of all students, no parents or other adults are allowed on the bus unless pre-approved by school personnel. Students are expected to adhere to the rules. Some buses may be equipped with cameras to monitor student behavior on the bus and may be used 46 for disciplinary action. Students who use bus privileges are expected to follow the Code of Student Conduct. Violation of the Code of Student Conduct on the school bus or at the bus stop when the bus is present* will be addressed in the same manner as a violation on the school grounds. Violation of district transportation policies, including disruptive behavior on a school bus or at a school bus stop with the bus present (Fla. Stat.§1006.10) by a student 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 (Fla Stat.§ 1006.07). Students who receive courtesy transportation, such as students that live within two (2) miles of the school, may be removed from the bus for misbehavior.

Students must:

1. Only get on or get off the bus at their assigned bus stop.

2. Remain in their seats at all times while the bus is moving.

3. Remain in an assigned seat if the bus driver assigns seats.

4. Keep their arms and head inside the windows.

5. Cross the roadway ten (10) feet in front of the bus and wait for the driver’s signal before crossing.

6. Avoid unnecessary conversations with the driver.

7. Obey the driver and bus aide who are in charge of the bus and the students.

8. Refrain from eating and drinking.

9. Refrain from having balloons, or other large or disruptive items, on the bus (the bus driver has the right to prohibit any article being taken on the bus).

10.Refrain from throwing articles in or out of the bus.

11.Obey the Code of Student Conduct.

Parents are responsible for the supervision of students as they travel to and from bus stops and while they wait for buses to arrive. A parent or approved adult is required to be at the bus stop with all pre-kindergarten students when the bus arrives. Pre-kindergarten students will not be released from the bus if a parent or approved adult is not at the bus stop. Any adult who is approved to receive students must be listed on the student’s emergency form. If there is no parent or approved adult at the bus stop when the bus arrives to receive a pre-kindergarten student, the student will be returned to the school. Students in grades K-12 are released from the bus without a parent or approved adult at the bus stop. No person should enter the bus except students and designated staff members.

*Present is defined as when the bus comes to rest at a designated bus stop.

Gangs and Gang Activity Prohibition

No student shall commit any act which furthers gangs or gang-related activities. A criminal street gang is a formal or informal organization or group that has as one of its primary activities the commission of criminal or delinquent acts and that consists of three or more persons who have a common name or common identifying signs or symbols and have one or more members that engage in a pattern of criminal street gang activity. Conduct prohibited by this policy includes but is not limited to the following:

1. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs or other items which may be evidence of membership or affiliation in any gang.

2. Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.) to convey membership or affiliation in a gang.

3. Soliciting others for gang membership.

4. Tagging, or otherwise defacing school or personal property with gang or gang-related symbols or slogans.

5. Requiring payment for protection, insurance, or otherwise intimidating or threatening any person related to gang activity.

6. Inciting other students to intimidate or to act with physical violence upon any other person related to gang activity.

 

 

Privacy and Property Rights

Students are responsible for attending school and school activities without bringing prohibited materials or items that may disrupt the educational process. They must respect both public and individual property, refraining from damaging or destroying it, and turn in any found property to school officials. Students have the right to maintain privacy of their personal possessions unless school personnel have reasonable cause to believe they possess prohibited items, and to attend school in an environment where their personal property is respected.  

 

Reports to Law Enforcement Agencies

The district views disruptive and criminal acts, and those which may affect the health, safety and welfare or pose a serious threat to those on a school campus extremely serious in nature. In addition to disciplinary action administered at the school level, certain acts are expected to be reported to law enforcement as required by the State Attorney’s Office. The actions of law enforcement do not dictate the corrective measure.

Reports to Department of Children and Families (DCF)

All employees of the district have the responsibility to report all actual and suspected cases of child abuse, abandonment or neglect. All employees of the district shall have immunity from liability if they report such cases in good faith.

Abuse is defined as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental or emotional health to be significantly impaired”.

Search of Individual Student and/or Student Locker or Storage Area/Vehicle

 Fla. Stat.§1006.09, search of student locker or storage areas; authority

1. The legislature finds that the case law of this state provides that relaxed standards of search and seizure apply under the state Constitution to searches of students’ effects by school officials, owing to the special relationship between students and school officials and, to a limited degree, the school officials’ standing in loco parentis to students. Accordingly, it is the purpose of this section to provide procedures by which school officials may search students’ effects within the bounds of the case law established by the courts of this state.

2. A principal of a public school or a school employee designated by the principal, if she or he has reasonable suspicion that a prohibited or illegally possessed substance, item or object is contained within a student’s locker or other storage area, may search the locker or storage area. The storage area may include, but not be limited to, electronic devices, book bags, purses, and/or vehicles (e.g., bicycles, scooters, etc.).

3. The District shall cause to be posted in each public school, in a place readily seen by students, a notice stating that a student’s locker or other storage area is subject to search, upon reasonable suspicion, for prohibited or illegally possessed substances or objects.

4. This section shall not be construed to prohibit the use of metal detectors or specially trained animals in the course of a search authorized by subsection (2) or subsection (3).

If a principal/designee has reasonable suspicion to believe that a student is in possession of contraband (per Code of Student Conduct), he shall request the student submit to a search of his or her person or his or her belongings. If the student refuses, the principal may call the appropriate law enforcement agency and/or the student's parents. Refusal to be searched will be considered gross insubordination and/or other serious misconduct and may result in a suspension, alternative placement, or expulsion. Search of a student’s person or intimate personal belongings shall be conducted by a person of the student’s sex, in the presence of another staff member of the same sex. If no other same sex staff member is available on campus, three (3) staff members (including an SRO) can conduct the search with the same sex staff member taking lead. Strip searches of students by school staff are prohibited.

In light of the threat to school safety posed by the unauthorized presence on school campuses of firearms, controlled substances, and other prohibited or illegally possessed items, administrative searches of students and their lockers, backpacks, vehicles, personal effects, and storage areas, may be conducted for the purpose(s) of locating firearms, controlled substances, and other prohibited or illegally possessed items or substances. Administrative searches may be performed by school officials, School Resource Officers, and others aiding in the carrying out of an administrative search. Administrative searches may include the use of metal detectors and specially trained animals, including drug detecting dogs and firearm detecting K-9. The Superintendent/Designee will maintain procedures to determine who will participate in administrative searches, how the persons and/or places to be administratively searched will be selected, when administrative searches will be performed, and the methods by which administrative searches will be conducted. Prior to implementation, administrative search procedures will be reviewed by the School District Attorney, who may consult with the legal advisor(s) for any law enforcement agency whose personnel may aid in performing an administrative search.

 

Sexual Harassment

Sexual harassment is strictly prohibited in all district schools. In accordance with Florida law (Fla. Stat.§1006.147 and Fla. Stat.§760.01-760.11) and Title IX regulations, sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that creates an intimidating, hostile, or offensive educational environment. The district is committed to investigating and addressing all allegations of sexual harassment in compliance with state and federal requirements. Violation of the district school board's sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or other disciplinary action as deemed appropriate by the school. Additionally, such conduct may result in criminal penalties as prescribed by law. The district has established reporting procedures and protective measures for victims to ensure a safe and supportive school environment.

Student Use of Wireless Communication Devices

In accordance with Florida Statute Fla. Stat.§1006.07, Use of a wireless communications device includes the possibility of the imposition of disciplinary action by the school or criminal penalties if the device is used in a criminal act. A student may possess wireless communication devices on school property or at school functions. However, elementary school students are prohibited from using these devices during the school day, including instructional time, lunchtime, and passing periods. Devices must be powered off and out of sight, not in hand. Use is permitted only with express permission from a school principal/designee. Violation of this policy may result in disciplinary action, including but not limited to confiscation of the device, detention or suspension.

Threat or False Report of Any Destructive Device

Any student who is determined to have made a threat or false report of destructive device, as defined by Fla. Stat§790.162 and Fla. Stat.790.163. respectively, involving school or school personnel’s property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than one full year and referred for criminal prosecution. The district school board may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. The Superintendent of Schools may consider the one-year expulsion on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program if it is determined to be in the best interest of the student and the school system.

Behavior Screening

School districts in the state of Florida are required to screen students for the purpose of identifying social and emotional behavioral needs to provide timely intervention for behaviors impacting school performance. Parents may opt out of this screening by notifying the school in writing within 30 calendar days of the beginning of the school year or within 10 calendar days of subsequent enrollment that they do not wish for their child to participate in this screening. Fla. Stat.§1006.07

Threat Assessments

Students in any grade who exhibit indicators of suicidal or violent behavior or make suicidal or threating statements must be assessed for social/emotional and mental health concerns. The results of this assessment may be relayed to community mental health providers and law enforcement. Parents may not opt out of this mandatory assessment Fla. Stat§1006.07

Mental Health First Aide Contact

Amanda Steckman, Mental Health and Wellness, Fla. Stat.§1012.584

Violence (Overt Threats to Commit Harm)

The School Board must maintain a policy for all threats to commit violence or harm. Even threats made in jest or in exaggeration must be treated as serious threats that may subject the student to suspension or expulsion. When a student makes a threat of violence, the school’s multi-disciplinary team will assess the situation using the Behavioral Threat Assessment protocol. If the protocol indicates a high-level threat, district threat assessment procedures will be followed to ensure the students’ well-being. Additionally, appropriate disciplinary actions will be taken.

Violence Against Any District or School Board Personnel by Students

Any act of violence or physical aggression directed toward district school board personnel is strictly prohibited. Such behavior undermines the safety and integrity of the educational environment and will not be tolerated. A student who engages in violence against school personnel is subject to in-school suspension, out-of-school suspension, expulsion, or other disciplinary action as determined by the school. Additionally, such conduct may result in criminal penalties in accordance with applicable laws. The district is committed to maintaining a safe and respectful environment for all staff and will take immediate action to address any threats or acts of violence.

Weapons and Firearms

According to Fla. Stat.§790.115, students will not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in Fla. Stat.§790.001, including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop. Notwithstanding the foregoing, pursuant to Fla. Stat.§790.115, a person may carry a firearm: (i) In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried; (ii) In a case to a career center having a firearms training range; or (iii) ; except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges. The Marion County School Board does not permit students to have firearms in vehicles parked on campus. The Marion County School Board has “Zero Tolerance” for guns and other weapons.

Any student who is determined to have brought a firearm or weapon as defined in Fla. Stat.§790.001. to school, to any school function, or on to any school-sponsored transportation or possessing a firearm at school, will be expelled pursuant to Fla. Stat.§1006.13. The School Board may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. The Superintendent may consider the 1-year expulsion requirement on a case-by-case basis and request the School Board to modify the requirement by assigning the student to a disciplinary program if it is determined to be in the best interest of the student and the school system.

While possession of a firearm or weapon as defined in chapter 790 by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution, Florida law also prohibits disciplinary action or referral to the criminal justice or juvenile justice system for (a) simulating a firearm or weapon while playing, or (b) wearing clothing or accessories that depict a firearm or weapon, or (c) expressing an opinion regarding a right guaranteed by the Second Amendment to the United States Constitution. Simulating a firearm or weapon while playing includes, but is not limited to:

1. Brandishing a partially consumed pastry or other food item to simulate a firearm or weapon.
2. Possessing a toy firearm or weapon that is 2 inches or less in overall length.
3. Possessing a toy firearm or weapon made of plastic snap-together building blocks.
4. Using a finger or hand to simulate a firearm or weapon.
5. Vocalizing an imaginary firearm or weapon.
6. Drawing a picture, or possessing an image, of a firearm or weapon.
7. Using a pencil, pen, or other writing or drawing utensil to stimulate a firearm or weapon.

However, a student may be subject to disciplinary action if simulating a firearm or weapon while playing (a) substantially disrupts student learning, or (b) causes bodily harm to another person, or (c) places another person in reasonable fear of bodily harm.

Fla. Stat.§1006.07 The severity of consequences imposed upon a student, including referral to the criminal justice or juvenile justice system, must be proportionate to the severity of the infraction and consistent with district school board policies for similar infractions. If a student is disciplined for such conduct, the school principal or his or her designee must call the student’s parent. Disciplinary action resulting from a student’s clothing or accessories shall be determined pursuant to paragraph (d) (of Section 1006.07, Fla. Stats) unless the wearing of the clothing or accessory causes a substantial disruption to student learning, in which case the infraction may be addressed in a manner that is consistent with district school board policies for similar infractions. (Fla. Stat.§1006.07)

Weapon Amnesty

When a student becomes aware that he/she has unknowingly or should have known that he/she has brought a weapon other than firearms or ammunition on campus, bus, or bus stop, he/she must immediately notify an employee of Marion County Public Schools. The weapon will be turned over to school personnel. The student may not be disciplined by the school if he/she follows this procedure. Amnesty cannot be claimed once the school has initiated a search which would include the student’s person, possessions, locker, and/or vehicle.

Weapons and Firearms - Category A

Mandatory Expulsion and Referral to Mental Health Services
Fla. Stat.§1006.13 and Fla. Stat.§790.001.

A. Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a
projectile by the action of an explosive
B. The frame or receiver of any such weapon described above
C. Any firearm muffler or firearm silencer
D. Any machine gun
E. Any destructive device as defined by Fla. Stat§790.001, including but not limited to bomb,
grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive, incendiary, or
poison gas
F. Any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the
action of an explosive and which has a barrel with a bore of ½ inch or more in diameter
G. Ammunition for a destructive device along with a threat of harm. Ammunition consists of all of the
following: (1) a fixed metallic or nonmetallic hull or casing containing a primer; (2) projectile(s),
bullet(s), or shot; (3) gunpowder
H. Knife or dirk (excluding pocketknife, plastic knife and blunt bladed table knife)
I. Metallic or other knuckles
J. Billie
K. Tear gas gun except a self-defense chemical spray carried solely for the purpose of self-defense in a
compact size and containing not more than two (2) ounces of chemical (any self-defense chemical spray
must be registered with the school office and must remain out of sight while on school campus, school
related transportation, and school- sponsored events.)
L. Chemical weapon or device or any other deadly weapon (any chemical which through its chemical action can cause death or harm)

Contraband - Category B

Pass or Suspension or Alternative Placement for Select Cases Fla. Stat§1006.07, Fla. Stat§1006.13 and Fla. Stat§790.001

A. Slingshot
B. Fireworks
C. Razorblade/razor
D. Common pocketknife (a blade of 4 inches or less)
E. Electric weapon or device pursuant to Fla. Stat§790.001
F. Ammunition for a destructive device included but not limited to;
     a. a fixed metallic or nonmetallic hull or casing containing a primer
     b. projectile(s), bullet(s), or shot;
     c. gunpowder

Use of Non-Weapons as Weapons

G. A student using as a weapon any article or substance not normally considered to be a weapon
(including but not limited to rocks, pens, pencils, lasers, chains, lumber, screwdriver, pepper spray,
etc.) or facsimile (toy or otherwise) but which is used by a student as a weapon to intimidate, threaten,
coerce or injure another individual shall be suspended and may be recommended for an alternative placement.

Replicas and Facsimiles

H. Any replica or facsimile of any item listed in Categories A or B, including toys, souvenirs, antiques,
broken, unloaded or inoperable weapons, including but not limited to bb guns, pellet guns, paint guns,
squirt guns, regardless of how they are used or displayed, unless used in a playful manner described
and contemplated by Fla Stat§1006.07.