Marion County Public Schools"Helping Every Student Succeed"

Interactive Code of Student Conduct - Section 5: Discipline

Expected Behavior

The District expects students to conduct themselves in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment. Such behavior is essential in maintaining an environment that provides each student the opportunity to obtain a high-quality education in a uniform, safe, secure, efficient, and high-quality system of education. The standards for student behavior shall be set cooperatively through interaction among students, parents/guardians, staff and community members, producing an atmosphere that encourages students to grow in self-discipline. The development of such an atmosphere requires respect for self and others, as well as for District and community property on the part of students, staff, and community members. School administrators, faculty, staff, volunteers, parents, and visitors serve as role models for students and are expected to demonstrate appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying. Students are expected to conform to reasonable standards of socially acceptable behavior; respect the person, property, and rights of others; obey constituted authority; and respond to those who hold that authority.

In order to establish reasonable consistency in the schools, a uniform Disciplinary Response Code has been developed. This section of the Code of Student Conduct identifies infractions for which a student may be disciplined and sets forth corrective measures which are appropriate for the infraction. Each infraction is defined in the Glossary Section of the Code of Student Conduct.

Progressive Discipline: Schools and teachers may develop classroom rules to deal with individual school and classroom problems which supplement this Code of Student Conduct and which are not in conflict with it. The Code of Student Conduct applies to all students enrolled in the Marion County Public Schools in pre-kindergarten through grade 12. A minor misconduct should be handled first by the individual staff member involved through classroom management strategies such as: student redirection, warning, counseling, and parent contact. When additional action becomes necessary because of continued violation or seriousness of the misconduct, the student will be referred to the school administration/designee for disciplinary action. When deciding what intervention and/or disciplinary action should be taken, the principal or designee should consider the recommendation of the teacher, and will consider various factors, including the student’s age, exceptionality, previous conduct, probability of a recurring violation, intent, attitude, severity of the offense and, whenever possible, will implement disciplinary action in a progressive manner. After a thorough investigation, principals or their designee should consider the degree of culpability for each student involved in the incident when determining the consequence given for any disciplinary action involving a physical altercation. Consequences can and should be adjusted, reduced, or eliminated for individual students based on prior history of physical altercation, degree of culpability, and other mitigating factors discovered during the investigation. In the event of student misconduct, school principals/designees will be the primary source of appropriate disciplinary intervention and assignment of discipline. The Code of Student Conduct shall guide principals/designees in their responses to students’ particular misbehavior(s) and disciplinary consequences. To aid in this effort, and as a general practice, principals/designees, school staff, and other school officials are strongly encouraged to implement programs designed to connect students to appropriate resources.

Multi-Tiered System of Supports (MTSS): MTSS is a collaborative, evidence-based approach to differentiating and personalizing instruction across academics, social-emotional learning, and behavior for all students. MTSS aims to provide adequate and equitable tiered support for all students. The MTSS framework has three tiers that build upon each other. Each tier provides more intensive levels of support. Tier 1 is the school’s core behavior program that all students have access to. Tier 1 emphasizes the school-wide systems of support that include proactive strategies for defining, teaching, and supporting appropriate student behaviors to create positive school environments. Tier 2 supplemental supports are designed to provide additional or targeted interventions to support students who have access to Tier 1 universal supports and are not responding positively to them. Tier 2 focuses on supporting students at risk for developing more serious problem behaviors. Tier 3 intensive/individual supports focus on the needs of individuals who exhibit patterns of severe and/or extreme problem behavior. The goal of Tier 3 intensive/individual support is to diminish problem behavior and also to increase the student’s adaptive skills and opportunities for an enhanced quality of life.

Disciplinary infractions and the responses to them are divided into four levels. Each level represents progressively more serious infractions beginning with Level 1, minor acts of misconduct, culminating in Level 4 offenses, the most serious threats to school safety. Corrective responses to infractions become progressively more severe as one moves upward in the levels of misconduct. It is the administrator's responsibility to determine the level of the offense that has been committed and the appropriate response. In certain circumstances, a combination of corrective measures may be appropriate. For example, for Level 1 offenses it may be appropriate to contact the parents of the student while also offering a verbal reprimand. For a Level 2 offense, a student might receive a behavior contract accompanied by parental contact, counseling and directions.

In choosing an appropriate corrective measure for offenses below Level 4, school personnel may select from the corrective measures appropriate to the level of the offense or may select from the response options at lower levels as they deem appropriate to the circumstances and the nature of the student. Level 4 offenses require a ten (10) day suspension and a possible recommendation for expulsion. The School Board may expel a student for the remainder of the school year and all of the next school year in accordance with Florida Statutes.

Students With Disabilities

Students with disabilities will be disciplined under the guidelines of the 2005 Reauthorization of the Individuals with Disabilities Education Act (IDEA) with consideration given to behavioral assessment, manifestation determination and behavioral intervention plans. This will be applied to such students who are considered for any significant change of placement including expulsion. Parents of students with disabilities are advised of their rights to due process/procedural safeguards.

School expulsion proceedings against any student who has been properly identified and classified as a student with a disability shall be in accordance with Special Programs and Procedures for Exceptional Students.
If an administrator refers a student with a disability for expulsion, the Superintendent or designee shall convene an Individual Educational Plan (IEP) review committee in accordance with applicable law. The IEP committee shall review the appropriateness of the student’s IEP. The committee shall meet and determine whether the misconduct is a manifestation of the student’s disability.
If the misconduct is a manifestation of the student’s disability, then the student may not be expelled. A change of placement may be initiated providing that all state and federal regulations have been followed. Services must ensure the student can continue to appropriately progress in the general curriculum and advance toward achieving their IEP goals.
If the misconduct is not a manifestation of the student’s disability, the student may be expelled in accordance with the Code of Student Conduct, however, education services must be continued in accordance with the IEP. If the incident is determined to be a manifestation of the disability, the IEP committee must determine the services necessary to ensure the student can continue to appropriately progress in the general curriculum and advance toward achieving their IEP goals.

504 - Students With Disabling Conditions

Students with disabilities will be disciplined with consideration given to behavioral assessment, manifestation determination and behavioral intervention plans.

If an administrator refers a student with a disability for expulsion, the superintendent or designee shall convene a Section 504 committee meeting in accordance with applicable law. Under Section 504, a team of people knowledgeable about the student and his/her disability must convene and determine whether the misconduct was caused by or has a direct and substantial relationship to the student’s disability.

If the misconduct is not caused by or have a direct and substantial relation to the student’s disability the school can discipline the student as they would a non-disabled peer in accordance with the Code of Student Conduct.
If the misconduct is a manifestation of the disabling condition, then the student may not be suspended or expelled without services and the 504 Team must document accommodation(s) and/or recommendation(s) with the intent to further reduce inappropriate behaviors and determine how to appropriately deliver services.

English Language Learners

English language learners (ELLs) are not to be subjected to disciplinary action exclusively because of their use of a language other than English. However, all Marion County Public School students, regardless of their ability to speak English, are governed by the Code of Student Conduct.

Bullying and Harassment Prohibition

It is the policy of the Marion County School District that all students and school employees (including school volunteers) have an educational setting that is safe, secure, and free from harassment and bullying of any kind. The district will not tolerate bullying and harassment of any type. Conduct that constitutes bullying and harassment, as defined herein, is prohibited.

Definitions

"Bullying" includes "cyberbullying" and means systematically and chronically inflicting physical hurt or psychological distress on one (1) or more students or employees. It is defined as any unwanted and repeated written, verbal, or physical behavior, including any threatening, insulting, or dehumanizing gesture, by an adult or student, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual's school performance or participation; and may involve:

teasing;
threats;
intimidation;
stalking;
cyberstalking;
physical violence;
theft;
sexual, religious, or racial harassment;
public or private humiliation; or
destruction of property; and
social exclusion.

"Cyberbullying" means bullying through the use of technology or any electronic communication, which includes, but is not limited to, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photo-electronic system, or photo-optical system, including, but not limited to, electronic mail, Internet communications, instant messages, or facsimile communications. Cyberbullying includes the creation of a webpage or weblog in which the creator assumes the identity of another person, or the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in the definition of bullying. Cyberbullying also includes the distribution by electronic means of a communication to more than one (1) person or the posting of material on an electronic medium that may be accessed by one (1) or more persons, if the distribution or posting creates any of the conditions enumerated in the definition of bullying.

"Cyberstalking" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

"Harassment" means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal or physical conduct directed against a student or school employee that:

places a student or school employee in reasonable fear of harm to his/her person or damage to his/her property;
has the effect of substantially interfering with a student's educational performance, opportunities, or benefits; or
has the effect of substantially disrupting the orderly operation of a school.

"Bullying" and "harassment" also encompass:

Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation.
Perpetuation of conduct listed in the definition of bullying and/or harassment by an individual or group with intent to demean, dehumanize, embarrass, or cause emotional or physical harm to a student or school employee by:
1. incitement or coercion;
2. accessing or knowingly and willingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the District school system; or
3. acting in a manner that has an effect substantially similar to the effect of bullying or harassment.

Sexual Cyberharassment

Pursuant to Florida law, "sexual cyberharassment" means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. Sexual cyberharassment may be a form of sexual harassment.

"Within the scope of the District" means regardless of ownership, any computer, computer system, or computer network that is physically located on school property or at a school-related or school-sponsored program or activity.

Incident Report

At each school, the principal or the principal’s designee is responsible for receiving complaints alleging violations of this policy and must report both substantiated and unsubstantiated claims of bullying/harassment to parents. All school employees are required to report alleged violations of this policy to the principal or the principal’s designee. All other members of the school community, including students, parents, volunteers, and visitors are encouraged to report any act that may be a violation of this policy anonymously or in-person to the principal or principal’s designee. Marion County Public Schools has established a districtwide anonymous reporting system via the txt-a-tip at 352-368-7867and GetFortifyFL.com. Students who are subject to an incident of battery; harassment; hazing; bullying; kidnapping; physical attack; robbery; sexual offenses, assault, or battery; threat or intimidation; or fighting at the public school and report the incident to the public school may be eligible for a HOPE Scholarship.

The principal of each school in the district shall establish and prominently publicize to students, staff, volunteers, and parents how a report of bullying or harassment may be filed, either in-person or anonymously, and how this report will be acted upon. The victim of bullying or harassment, anyone who witnessed the bullying or harassment, and anyone who has credible information that an act of bullying or harassment has taken place may file a report of bullying or harassment. A school employee, school volunteer, student, parent or other persons who promptly reports in good faith an act of bullying or harassment to the appropriate school official and who makes this report in compliance with the procedures set forth in the district policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident. Submission of a good faith complaint or report of bullying or harassment will not affect the complainant or reporter’s future employment, grades, learning or working environment, or work assignments.

Any written or oral reporting of an act of bullying or harassment shall be considered an official means of reporting such act(s). Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.

Bus Conduct

It is a privilege to ride a school bus, not a right. County 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 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 school board transportation policies, including disruptive behavior on a school bus or at a school bus stop with the bus present (§ 1006.10, Fla. Stat. (2023)), 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 (§ 1006.07, Fla. Stat. (2023)). 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:

Only get on or get off the bus at their assigned bus stop.
Remain in their seats at all times while the bus is moving.
Remain in an assigned seat if the bus driver assigns seats.
Keep arms and head inside windows.
Cross the roadway ten (10) feet in front of the bus and wait for the driver’s signal before crossing.
Avoid unnecessary conversation with the driver.
Obey the driver and bus aide who is in charge of the bus and the students.
Refrain from eating and drinking.
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).
Refrain from throwing articles in or out of the bus.
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.

Dating Violence and Abuse

It is the policy of the Marion County School District that all students and school employees have an educational setting that is safe, secure, and free from dating violence and abuse. The District shall not tolerate dating violence and abuse of any kind. Dating violence or abuse by any student is prohibited on school property, during any school related or school sponsored program or activity, or during school sponsored transportation.

Dress Code

The Board believes that proper etiquette, social customs, and good grooming are a definite part of the educational process. To this end, it is expected that students wear neat, clean, appropriate clothing to school or school functions (as listed below) that meets the standards of this educational environment. Any extreme in clothing, cosmetics, jewelry, or appearance that may disrupt the normal operation of the school will not be acceptable. It is recommended that students wear closed toe/closed heel shoes to school. It is not the intention of these guidelines to usurp the authority of parents in determining what appropriate dress is and grooming for their children in accordance with the age and grade of those youngsters. The school will work with parents in encouraging our young people to assume this responsibility and to execute it sensibly as they mature. The purpose of the home and school working together should be to help students accept and cooperate with the guidelines. In view of this statement, the following rules will be in effect in all schools:

General:
- Students must not wear clothing and accessories which are harmful, disruptive, or hazardous to health or safety. Undergarments should not be visible at any time.
- Jewelry and accessories shall be worn in a way that does not present a safety or health hazard or cause a disruption to the education process.
- High school students must display a current school-issued identification badge at all times while on campus. This badge must be clearly visible and worn above the waist.
Shirts:
- Shirts must have sleeves and cover the body from shoulder to shoulder. A sleeve is defined as the part of a garment that wholly or partly covers a person’s arm
- Must be long enough to clearly overlap the belt line or stay tucked in during the course of normal movement throughout the day. Shirts falling below mid-thigh length will be tucked in. Shirts cannot be longer than the shorts/skirts.
- No bare-midriff shirts/blouses, muscle shirts, or tank tops will be worn.
- Students are not to wear T-shirts or other garments, or other items with pictures, logos, phrases, decals, patches, emblems, or words printed on them that are obscene, suggestive, or disruptive in the judgment of the school administration. This will include, but not be limited to: nude/semi-nude figures; figures in sexually suggestive postures; or logos of alcoholic beverages, tobacco products, or prohibited substances; including racial, ethnic, or sexist slurs, or gang identification. A tattoo that is obscene or disruptive in the judgment of the school administration needs to be covered.
Pants, shorts, skirts:
- Garments will be secured at the waist so that no undergarments will be exposed.
- Shorts and skirts are permitted at all grade levels and will be mid-thigh length or longer.
- Rips, holes, or tears in clothing must be below mid-thigh.
Headgear:
- Students (male and female) are not to wear hats of any kind within the school building unless approved by the school administration for special occasions and specific locations.
- "Hats" should be interpreted literally as "hats" or head-coverings and will include bandanas, berets, beanies, knitted caps, hoods (such as attached to sweatshirts), caps, sweatbands, visors, and similar hat-like apparel.
Shoes:
- Students shall wear shoes for foot protection and for hygienic reasons while on school grounds and/or school transportation.
- Bedroom slippers are not permitted.
- For safety reasons, shoes with wheels and/or skates may not be worn on the school campus/bus.
- Elementary school students are required to wear closed-toe/closed-heel shoes to school unless permission is otherwise granted by administration.

Regulations in reference to grooming and dress for special activities such as athletics, fine arts and drill team will be governed by the immediate person in charge of these activities under the direction of the principal.

Appropriateness and moderation in all things, concern for the health and safety of the students, and the avoidance of distractions to the educational process are the guiding principles of the student dress code. Styles and fads are constantly changing and cannot possibly be covered by specific rules and regulations. The task of evaluating what is proper in the way of dress and grooming is highly controversial, and opinion among people varies. Individual schools will assume responsibility for ruling on specific items of clothing and general appearance for reasons of safety and health, or for the order, well-being, and general welfare of students.

The Board authorizes school administrators to employ appropriate disciplinary procedures to carry out and enforce this policy. These are minimum standards that will be enforced at each school. Schools have the right to set higher standards based on administrative procedures. School uniforms may be adopted at individual schools.

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:

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.
Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.) to convey membership or affiliation in a gang.
Soliciting others for gang membership.
Tagging, or otherwise defacing school or personal property with gang or gang-related symbols or slogans.

Requiring payment for protection, insurance, or otherwise intimidating or threatening any person related to gang activity.
Inciting other students to intimidate or to act with physical violence upon any other person related to gang activity.

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

Section 1006.09, Fla. Stat. (2023) search of student locker or storage areas; authority

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.
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.).
The School Board 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.
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 or Student Conduct Glossary), 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, 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 Board Attorney, who may consult with the legal advisor(s) for any law enforcement agency whose personnel may aid in performing an administrative search.

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 §§ 790.162 and 790.163, Fla. Stats. (2023) 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.

Tobacco Products

The School Board is committed to providing students, staff, and visitors with a tobacco-free environment. The negative health effects of tobacco use for both users and nonusers, particularly in connection with secondhand smoke, are well established. According to School Board Policy 7434, “use of tobacco” shall mean all users of tobacco, including cigars, cigarettes, pipe tobacco, smokeless tobacco, chewing tobacco, snuff, or any other matter or substances that contain tobacco, and the possession of papers used to roll cigarettes.

Administrators, staff, students, and visitors are prohibited from using, displaying, and selling tobacco or nicotine products and related devices on school grounds and at school events, at all times. This includes but is not limited to, electronic vapor products of any kind.

Students shall not promote tobacco or nicotine products and/or brands through clothing, accessories, or other garments, or other items with pictures, logos, phrases, decals, patches, emblems, or words printed on them. Determination of items that promote tobacco that are considered obscene or disruptive will be left to the judgment of the school administration.

Further, it is unlawful for any person under age 21 to knowingly possess any tobacco product or to misrepresent age to acquire or purchase any tobacco product.

Violation of the law may result in suspension from school for students. Adults found to be in violation of Board Tobacco Policy may be asked to vacate Board-owned property, at the discretion of school administration.

THE UNLAWFUL USE AND/OR POSSESSION OF TOBACCO PRODUCTS IS WRONG AND HARMFUL.

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.

Weapons and Firearms

According to § 790.115(2)(a), Fla. Stat. (2023), students will not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in § 790.001(13), Fla. Stat. (2023), 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 § 790.115(2)(a), Fla. Stat. (2023), 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) In a vehicle pursuant to § 790.25(5), Fla. Stat. (2023); 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 § 790.001(13), Fla. Stat. (2023) to school, to any school function, or on to any school-sponsored transportation or possessing a firearm at school, will be expelled pursuant to § 1006.13, Fla. Stat. (2023). 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.

Weapons - Amnesty Clause

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.

Category A: Weapons and Firearms

Mandatory Expulsion and Referral to Mental Health Services

Sections 1006.13 and 790.001(6)(13), Fla. Stats.

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
The frame or receiver of any such weapon described above
Any firearm muffler or firearm silencer
Any machine gun
Any destructive device as defined by § 790.001(4), Fla. Stat. (2023), including but not limited to bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive, incendiary, or poison gas
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
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
Knife or dirk (excluding pocketknife, plastic knife and blunt bladed table knife)
Metallic or other knuckles
Billie
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.)
Chemical weapon or device or any other deadly weapon (any chemical which through its chemical action can cause death or harm)

Category B: Weapon-Like Contraband

Pass or Suspension or Alternative Placement for Select Cases

Sections 1006.07(2)(g), 1006.13 and 790.001(6)(13), Fla. Stats.

Slingshot
Fireworks
Razorblade/razor
Common pocketknife (a blade of 4 inches or less)
Non-weapons used as weapons: 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
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 § 1006.07(2)(g), Fla. Stat.
Electric weapon or device pursuant to § 790.001(14), Fla. Stat. (2023)
Ammunition for a destructive device. Ammunition consists of all of the following, but not limited to: (1) a fixed metallic or nonmetallic hull or casing containing a primer; (2) projectile(s), bullet(s), or shot; (3) gunpowder

In addition to the “corrective measures” listed in the Code of Student Conduct, possession of a weapon by any student while the student is on school property or in attendance at a school function may also result in criminal prosecution (§ 790.115, Fla. Stat. (2023)).

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:

Brandishing a partially consumed pastry or other food item to simulate a firearm or weapon.
Possessing a toy firearm or weapon that is 2 inches or less in overall length.
Possessing a toy firearm or weapon made of plastic snap-together building blocks.
Using a finger or hand to simulate a firearm or weapon.
Vocalizing an imaginary firearm or weapon.
Drawing a picture, or possessing an image, of a firearm or weapon.
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.

§ 1006.07(2)(g), Fla. Stats. (2023). 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. (Section 1006.07 (2)(g), Fla. Stats.)

Drugs/Alcohol & Diversion

The student shall not knowingly possess, use, transmit or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, any other controlled or counterfeit substance defined in § 893.03, Fla. Stat., or substitute for such, alcoholic beverage, inhalant or intoxicant, or over the counter drugs (excluding headache medication) of any kind, on the school grounds either before, during or after school hours or off the school grounds at a school activity, function, or event. Also, a student shall not possess, have under his/her control, sell or deliver any device, or contrivance, instrument or paraphernalia containing the substance or substances described in this paragraph or any residue of such substance or devices intended for use or used in injecting, inhaling/inhalant/huffing, smoking, administering, or using any of the foregoing prescribed drugs, narcotics or stimulants. Use of a drug authorized by a medical prescription from a registered physician for a specific student shall not be considered a violation of this rule.

On a student’s first violation, or when determined to be under the influence of an illegal substance, the student will be offered the opportunity to participate in an online substance abuse diversion education program in addition to suspension for ten (10) days, or will receive an alternative placement. Offenses eligible for diversion include alcohol, illegal drugs, and Schedule I-V controlled substances, including THC oil and THC byproducts. The Coordinator of Student Discipline, or his/her designee, must confirm that the student to the parent and school designee the successfully completion of the program within the allocated period of time. Schools will remind students on a regular basis that providing alcohol or drugs to another student on campus or at any school sponsored activity will result in a recommendation for expulsion from school. Subsequent violations could result in an expulsion. Refer to Drug/Alcohol Consequences chart on page 34

THE USE OF ILLICIT DRUGS AND THE UNLAWFUL POSSESSION AND USE OF ALCOHOL IS WRONG AND HARMFUL. INFORMATION ABOUT DRUG AND ALCOHOL COUNSELING IS AVAILABLE TO STUDENTS THROUGH THE SCHOOL COUNSELORS AT EACH SCHOOL. STUDENTS SUSPECTED OF BEING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS MAY BE TESTED. A TEST REFUSAL, OR FAILURE TO COMPLETE THE TEST, WITHIN 24 HOURS, IS CONSIDERED A POSITIVE TEST RESULT AND WILL RESULT IN DISCIPLINARY CONSEQUENCES FOR BEING UNDER THE INFLUENCE. ALTERING THE TEST SAMPLE IN ANY WAY COULD RESULT IN FORGOING THE OPPORTUNITY FOR DIVERSION AND WILL RESULT IN AN ALTERNATIVE PLACEMENT OR EXPULSION.

Substance Abuse Screenings are completed at:

MCPS District Office

1614 E Fort King Street

Ocala, FL 34471

SUBSTANCE ABUSE CONSEQUENCES
Offenses are counted throughout student’s entire school career

Offense Type

1st Offense Consequence

2nd Offense Consequence

3rd Offense Consequence

ILLEGAL DRUGS – SCHEDULE I-V CONTROLLED SUBSTANCES

Possession/Purchase/Under the Influence

Level 3 Alt. Placement or Diversion

Level 4 Expulsion

Providing/Selling/

Intent to Sell/Distributing

Level 4 Expulsion

TETRAHYDROCANNABINOL (THC) (Schedule I controlled substance. Under § 893.13, possession of Schedule I is a third-degree felony)

THC Oil and/or THC Byproducts Possession/Purchase/Under the Influence

Level 3 Alt. Placement or Diversion

Level 4 Expulsion

THC Oil and/or THC Byproducts Providing/Selling/Intent to Sell/ Distributing

Level 4 Expulsion

ALCOHOL / OTHER ILLEGAL DRUGS (Including Prescription Drugs Prescribed for Someone Other than Student)

Possession/Purchase/Under the Influence

Level 3 Alt. Placement or Diversion

Level 3 Alt. Placement

Level 4 Expulsion

Providing/Selling/Intent to Sell/ Distributing

Level 4 Expulsion

INHALING / INHALANT / HUFFING

Misuse/Under the Influence/Purchasing

Level 3 Alternative Placement

Level 4 Expulsion

Providing/Selling/Intent to Sell

Level 4 Expulsion

PRESCRIPTION DRUGS (Prescribed for Student)

Possession

Level 2 Suspension up to 5 days

Level 3 Alternative Placement

Level 4 Expulsion

Misuse

Level 3 Alternative Placement

Level 3 Alt. Placement

Level 4 Expulsion

Providing/Selling/Intent to Sell

Level 3 Alt. Placement

Level 4 Expulsion

OVER THE COUNTER DRUGS / MEDICATIONS (Excluding OTC Headache Medication)

Possession

Level 1 Corrective Action

Level 2 Suspension up to 5 days

Level 3 10 Day Suspension

Misuse

Level 2 Suspension up to 5 days

Level 3 10 Day Suspension

Level 4 Alternative Placement

Providing

Level 2 Suspension up to 5 days

Level 3 10 Day Suspension

Level3 Alternative Placement

Selling/Intent to Sell

Level 3 10 Day Suspension

Level 4 Alternative Placement

Level 4 Expulsion

Level 1 - Disciplinary Response Code

Level 1 Code

Level 1 – Infractions/Incidents

Level 1 – Corrective Actions

(One or more of the following actions will be taken)

Physical Behavior Inappropriate for School Setting or School Activity

Parental contact (required)
Parent conference
Confiscation of unauthorized materials

Counseling and direction
Verbal reprimand
Special work assignment
Withdrawal of privileges
Return of property, payment for same or restitution for damages

School/classroom positive/negative reinforcement plan/intervention program

Warning of referral to Level 2
Behavioral contract (*)
After school detention (*)
In-school suspension (*)
Saturday classes (*)
Time out (temporary removal from setting)

Work detail (*)
Assign a school mentor
Refer to school Multi-Disciplinary Team

Other Behavior Inappropriate for School Setting or School Activity

Disrespect for Others

Disruptive Conduct (Minor)

Dress Code Violation

Failure to Comply with School Rules

Inappropriate Gestures, Language, or Materials

Insubordination

Medication (Over the Counter)-excluding headache medication

Violation of Attendance Procedures

Unsubstantiated Bullying (s)

Unsubstantiated Harassment (s)

Failure to Comply with Bus Rules

Electronic/Telecommunication Device Misuse

HOPE Scholarship

(*) Written parental notification mandatory

Level 2 - Disciplinary Response Code

Level 2 Code

Level 2 – Infractions/Incidents

Level 2 – Corrective Actions

(One or more of the following actions will be taken)

Physical Behavior Inappropriate for School Setting or School Activity

Parental contact, oral communication immediately

Parent conference
Confiscation of unauthorized materials
School/classroom positive/negative reinforcement plan/intervention program

Appropriate corrective measure from Level 1
Time out
Return of property, payment for same, or restitution for damages

Assign a school mentor
Refer to school Child Study Team, Progress Monitoring Plan Meeting or Student Assistance Team

Temporary or permanent removal from extracurricular/co-curricular program or activity

Behavioral contract (*)
In-school suspension (*)
Work detail (*)
Alternative classroom assignment (*)
Suspension from bus (for bus-related misconduct) (*)

Warning of referral to Level 3 (*)
Suspension from school (**) (‡)
Saturday classes (*)
After school detention (*)
School Based Contract

Bullying - 1st Offense (s)

Electronic/Telecommunications Device Misuse

Cheating or Plagiarism

Disrespect for Others

Disruptive Conduct

Drugs - Over the Counter/Prescription

Failure to Comply with School Rules

Fighting (s) (LE)

Insubordination – Repeated

Intentional Damage of Personal/School Property ($26-$200) (LE- Optional)

Profane, Obscene or Abusive Language, Gestures or Materials (Including Internet)

Repeated Misconduct of a Level 1

Theft (Less than $750) (LE-Optional)

Tobacco (Possession/Use if under 21)) (s)

Unauthorized Use of Other Person’s Name, Signature, or

Identifying Number

Violation of Attendance Procedures ‡

Other Behavior Inappropriate for School Setting or School Activity

Contraband

Threat (s) (LE)

Harassment - 1st Offense (s) (LE)

False or Misleading Information

2AA

Violation of School Safety Procedures

2BB

Failure to Comply with Bus Rules

2CC

Physical Attack no injury

2DD

Elopement

2EE

Vandalism / Destruction of Property under $300 (LE)

2FF

Violation or Disregard School Security Procedures

2GG

Indecent Exposure

(*) Written parental notification mandatory

(**) F. S. 1006.09(1)(b)(2023) Written notification, within twenty-four (24) hours, by U.S. Mail

(‡) F. S. 1006.09(1)(b)(2023) No Student shall be suspended for unexcused tardiness, lateness, absence, or truancy. (LE) Notify Law Enforcement

(s) SESIR Report to DOE

Level 3 - Disciplinary Response Code

Level 3 Code

Level 3 – Infractions/Incidents

Level 3 – Corrective Actions

(One or more of the following actions will be taken)

Alcohol (s) (LE)

Parental contact- Immediate oral communication, followed by written notification (required for all infractions) (*)

Appropriate action from Level 2 list of actions.

Recommendation for Alternative Placement with 10 Day Suspension from School (**)

Felony Transfer (*)

Recommendation for Expulsion with 10 Day Suspension from School (**) (in egregious circumstances when alternative placement is not appropriate)

Criminal Street Gang Activity (s) (LE)

Computer Fraud (Accessing or Breaking into Documents That Are Unauthorized) (LE)

Contraband

Disorderly Conduct (Disruption) (s) (LE).

Drugs; Over the Counter Drugs; Prescription Drugs; Illegal Drugs (s) (LE) (DCF)

Extortion/Robbery (s) (LE)

Fighting (s) (LE)

Gross Insubordination or Open Defiance

Other Serious Misconduct of a Criminal Nature (s) (LE)

Sexual Harassment (s) (LE) (DCF)

Sexual Offenses (Lewd Behavior or Indecent Exposure) (s) (LE) (DCF)

Theft $750 - $999 (s) (LE)

Trespassing (s) (LE)

Unauthorized Use of Internet

Weapon (Category B) (s) (LE)

Bullying – Repeated (s) (LE)

Inhalant/Inhaling/Huffing (s) (LE) (DCF)

Harassment – Repeated (s) (LE)

Simple Battery Against School Board Employees or Volunteers

(no injury to minor injury) (s) (LE)

Intentional Damage of Personal/School Property ($201 to $1,000) (LE)

False Fire Alarms/Expelling a Fire Extinguisher (s) (LE)

Arson (s) (LE)

3AA

Simple Battery (s) (LE)

3BB

False and Misleading Information on MCPS Employee

3CC

Felony Transfer

3DD

Intimidation (s) (LE)

3EE

Threat (s) (LE)

3GG

Violation of District Behavior Contract

3HH

Elopement (LE)

3II

Physical Attack (LE)

3LL

Prior Alternative Placement

3OO

Vandalism/Destruction of Property (LE)

3PP

Electronic/Telecommunication Device Misuse

3QQ

Repeated Violation of School Safety Procedures (LE)

3RR

Sexually Explicit Material (s) (LE)

(*) Written parental notification mandatory

(**) F. S. 1006.09(1)(b)(2023) Written notification, within twenty-four (24) hours, by U.S. Mail

(‡) F. S. 1006.09(1)(b)(2023) No Student shall be suspended for unexcused tardiness, lateness, absence, or truancy. (LE) Notify Law Enforcement

(s) SESIR Report to DOE

(DCF) Notify Department of Children & Families

Level 4 - Disciplinary Response Code

Level 4 Code

Level 4 – Infractions/Incidents

Level 4 – Corrective Actions

(One or more of the following actions will be taken)

Alcohol (s) (LE)

Parental Contact- Immediate oral communication, following by written notification (required for all infractions) (*)

Appropriate action from Level 3 list of actions. (**)

Recommendation for Alternative Placement with 10 Day Suspension from School (**)

Recommendation for Expulsion with Mandatory 10 Day Suspension from School (**)

Recommendation for Expulsion without Services with Mandatory 10 Day Suspension from School (**)

Felony Transfer (*)

Bomb Threats or Explosions/Threat of Mass Harm (s) (LE)

Burglary (s) (LE)

Cyber Attack (Introducing Programs or Tools into Network Server) (s)(LE)

Drugs; Providing/Sale/Intent to Sell; Prescription Drugs; Illegal Drugs

(s) (LE) (DCF)

False Information on Employee/Volunteer (LE) (DCF)

Felony Adjudication Placement

Fighting (s) (LE)

Aggravated Battery against School Employees or Volunteers (anything more than a minor injury) (s) (LE)

Inciting, Leading or Participating in a Major Student Disorder (s) (LE)

Other More Serious Misconduct of a Criminal Nature (s) (LE)

Serious Campus Disruption (s) (LE)

Sexual Battery (s) (LE) (DCF)

Sexual Offenses (Sexual Contact, Lewd Behavior of a More Serious Nature) (s) (LE) (DCF)

Victimization/Extortion or Threats/Intimidation of More Serious Nature

(s) (LE)

Weapons (s) (LE) (MH) (Category A or B)

Vandalism over $1000 (s) (LE)

Criminal Street Gang Activity (s) (LE)

Hazing (LE) (s)

Aggravated Battery (s) (LE)

Theft value $1000 or more (s) (LE)

Threat (s) (LE)

4EE

Drug; Possession or Under the Influence- Repeated Offense (s) (LE) (DCF)

4LL

Prior Expulsion

4MM

Electronic/Telecommunication Device Misuse (s) (LE)

4NN

Excessive Violation of Safety Procedures (s) (LE)

4OO

Sexually Explicit Material (s) (LE)

(*) Written parental notification mandatory

(**) F. S. 1006.09(1)(b)(2023) Written notification, within twenty-four (24) hours, by U.S. Mail

(‡) F. S. 1006.09(1)(b)(2023) No Student shall be suspended for unexcused tardiness, lateness, absence, or truancy. (LE) Notify Law Enforcement

(MH) Mandatory Referral to Mental Health Services

(s) SESIR Report to DOE

(DCF) Notify Department of Children & Families