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 meeting (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 completion of the process. This protection is applicable to ISS, OSS, PASS, 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 still required to complete their 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 witnesses who saw what happened.

Step 3: Informing Parents and the Superintendent

• The principal/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 can 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.

Out-of-School Suspension: Process and Appeal

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/designee, for a period not to exceed ten (10) school days. While students are suspended out of school they may not enter or remain on any public school property during the school day or at such time and places 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 outlined in the Code of Student Conduct 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 witnesses who saw what happened.

Step 3: Informing Parents and the Superintendent

• The principal or 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 District Superintendent.

Step 4: Appealing the Suspension

• If the parent disagrees with the suspension, they can 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 an unexcused absence.

Step 1: Informing the Student

• The principal/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 witnesses who saw what happened.

Step 3: Informing Parents

• The principal/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 District Superintendent.

Step 4: Parent Conference and Appeal

• If the parent disagrees with the suspension, they can 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 school year, or if their behavior is severe, the principal 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

PASS (Positive Alternative to School Suspension) is a program that allows students to serve their suspension for up to 10 school days at a designated PASS location instead of staying home. Parents must provide transportation to and from the assigned school, unless the student’s base school principal/designee grants permission for the student to ride the bus to and from the student’s base school while assigned to PASS at that base school.

While students are suspended out of school they may not enter or remain on any public-school property during the school day or at such time and places 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 outlined in the Code of Student Conduct 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 witnesses who saw what happened.

Step 3: Informing Parents and the Superintendent

• The principal or designee will immediately 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 District Superintendent.

Step 4: Attending PASS

• If the parent chooses PASS, the student must attend the designated school each day of the
  Suspension following all school rules and complete assigned schoolwork.

Alternative Placement: Process and Appeal

Alternative placement is when a student is removed from their regular school due to serious misconduct. The length of alternative placement is typically the remainder of the current grading quarter plus the following quarter. Before returning to their regular 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.

During alternative placement:

• The student cannot attend any regular school activities or events.
• The student may participate in extracurricular events only at the alternative school.
• If a student’s alternative placement duration would be complete at the end of the 4th 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.

Step 1: Informing the Student

• The principal/designee will tell the student why they are being investigated.

Step 2: The Student’s Side of the Story

• The student has the right to explain their side of the situation and provide witnesses who saw what happened.

Step 3: Informing Parents and the Superintendent

• The principal/designee will contact the parent immediately to explain the suspension and the
  recommendation for alternative placement.

• The Principal will send formal written notice to the student's parent or guardian by U.S. Mail,
  email, delivery by the student, or other method agreed to by the parent, informing of the length
  of the suspension and the reasons for it.

• A written notice will be sent to the Superintendent/designee within 24 hours.

Step 4: Parent Conference and Appeal

• If the parent disagrees with the suspension/alternative placement, they may request a meeting
  with the principal within 3 school days of receiving the first notification.

• The principal will review the evidence but has the final decision on the placement.

Step 5: Alternative School Assignment

• The district will assign the student to an alternative school.

• The principal/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.

Step 6: Appealing Alternative Placement Procedures

• The parent may request an appeal of the alternative placement.

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

• If the Alternative Placement is overturned, the Coordinator, base school principal/designee,
  parent/guardian, and student will collaborate to create a success plan for the student.

Felony Transfer: Step-by-Step Process

A 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 verified the formal charges, depending on the charge, the Student Discipline Coordinator may approve an emergency transfer on a case-by-case basis.

Step 2: Principal’s Decision on Transfer

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

• If the principal decides to recommend a felony transfer, they must notify the parent in writing, explaining:

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

o The specific charges against the student.

o The right to a hearing before the transfer is finalized.

Step 3: Felony Transfer Administrative Hearing

• The principal will schedule a hearing within two to five (2 to 5) school days from the date of the written notice.

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

o District personnel

o The student

o The parent

o The student’s representative or attorney

o Any witnesses requested by the student or school

• Hearing Purpose: The hearing is not to decide guilt or innocence but to determine if the charges have an adverse impact on the school’s educational environment and safety.

• The student has the right to:

o Refuse to speak or provide information

o Speak in their own defense

o Present evidence

o Call witnesses 43

• 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 court, the Superintendent or 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 of Student Conduct. Only the School Board can approve an expulsion, following a recommendation from the Superintendent after a ten (10) day suspension.

A student cannot attend extracurricular activities at any school during an expulsion. If the student is assigned to an alternative school, they may participate in activities only at that school.

Step 1: Informing the Student

• The principal/designee will tell the student why they are being considered for expulsion.

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

• The student has the right to explain their side of the situation.

• The student can also provide witnesses who saw what happened.

Step 3: Principal’s Decision on Expulsion

• The principal/designee will review the facts and determine if the student is in violation of the Code of Student Conduct.

• If the principal recommends expulsion, the student will receive a ten (10) day suspension, and the case will be sent to the Superintendent/Designee for review.

• The principal's recommendation will include:

o A detailed explanation of the incident.

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

o Any alternative measures taken before recommending expulsion.

Step 4: Informing Parents and the Superintendent

• The principal/designee will try to contact the parent immediately to explain the ten (10) day suspension and expulsion recommendation.

• A written notice will be mailed to the parent and the Superintendent within 24 hours.

• If the school cannot reach the parent before the suspension starts, they will continue to make reasonable efforts to contact them. 44

Step 5: Superintendent’s Review

• The recommendation is subject to review by the District Expulsion Review Committee (ERC) prior to proceeding to the Superintendent/Designee.

• The Superintendent/designee will review the ERC’s expulsion recommendation.

• If the Superintendent/designee determine to move forward with the recommendation to the District and the ten (10) day suspension ends before the next School Board meeting, the Superintendent/designee may extend the suspension until the meeting.

• During this time, the Superintendent may: o Assign the student to an alternative program. o Continue the suspension.

Step 6: Expulsion Hearing Request

• Parents must submit a written request if they wish to challenge the expulsion.

• The request must be sent to the Coordinator of Student Discipline before the deadline.

• If a Petition for Due Process is completed and turned in on time, the parent will receive details on the scheduled hearing.

• If the parent does not request a hearing, the School Board may proceed with the expulsion as if the parent has consented. ** See Hearing Designations and Process Below **

Step 7: School Board Decision on Expulsion

• After hearing the case, the School Board will decide whether the student should be expelled and for how long.

• Expulsions can last for: o A minimum of one full school year.

o Expulsion terms are subject to Return to Base requirements.

Step 8: Restrictions During Expulsion

• Students may not attend extracurricular activities at their regular 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 have zero tolerance for serious threats or acts of violence that put students and staff in danger. This policy is in place to protect the safety of everyone on campus and applies equally to all students. It is not used for minor or everyday misbehavior.

The following serious offenses will result in immediate action

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

• Making a threat or a false report 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 shall determine, based upon the determination of the threat management team, whether the expulsion period should be extended and, if the expulsion period is extended, what educational services will be provided. A recommendation to extend the expulsion period must be provided to the student and his or her parents in accordance with Fla. Stat.§1006.08

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

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.

Hearing Designations and Processes

If a parent requests to dispute the facts of the expulsion, the proceeding is a formal court proceeding in front of a judge.

• 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

• The judge makes the final decision about the expulsion based on the evidence
  presented.

If a parent requests to dispute the consequence of the expulsion, the hearing takes place in front of the School Board.

• The Superintendent/Designee will present a summary of the case and consequences.

• The parent/student may present mitigating evidence of why the consequence is
  inappropriate.

• The School Board will consider the evidence when determining if the consequence
  should be mitigated. The School Board makes the final decision about the consequence.

Early Re-Entry Process for Expelled Students

Early re-entry is a privilege, not a right, that allows expelled students to return to their base school before their expulsion term ends. The School Board, upon the Superintendent’s recommendation, may approve early re-entry.

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

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

Informing Parents of Early Re-Entry Option

When parents receive official School Board action on their child’s expulsion, they will also be
informed about the possibility of early re-entry.

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

Return to Base School Eligibility Process

Students who have been alternatively placed or expelled but assigned to an alternative program may be eligible to return to their base (home) 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 allowed 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 student progress before allowing a return to the base school.

Violations While in Alternative Placement or Expelled to an Alternative School

Students who have been expelled or alternatively placed in an alternative school are expected to follow the Code of Student Conduct. If a student commits a serious violation (Level 3 or 4 Infraction) while in an alternative setting, the student can be expelled with educational services off school site.